Ethics

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Priority Wage Claims Must Be Counted for Sub V Eligibility, Even if Paid Post-Petition In a case of first impression, Hon. Eduardo V. Rodriguez of the U.S. Bankruptcy Court for the Southern

New York’s Judge Philip Bentley and Prof. Robert Lawless urge Congress to adopt the ABI Commission’s recommendations for dealing with bad faith filings.

Protections for Consumers and Consumer Lawyers: The ESCRA By Edward Boltz Shortly after the commencement of the 119th Congress, Reps. Young Kim (R-Calif.) and Sarah McBride (D-Del.) introduced the Ending Scam Credit Repair Act (ESCRA) 1 to crack down on fraudulent

District court equates distribution to creditors in chapter 13 to substantial consummation of a chapter 11 plan.

The Ethics and Professional Compensation Committee had another successful year in 2024. Our activities continued to keep our members and the insolvency community apprised of relevant recent developments and hot topics while also offering fun and beneficial social and networking opportunities.

Online Law Firms: A Retrospective on Potential Pitfalls By Sabrina L. McKinney 1 The internet pervades all aspects of our society. Some jobs that previously required daily attendance are now commonly worked from the comfort of one’s home. The onset of the COVID-19

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eighth Circuit explained one key

With the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) came numerous amendments to the U.S. Bankruptcy Code.  Of great significance was the inclusion of a calculation of monthly income required for individual consumer debtors to determine their eligibility for relief under chapter 7 of the Bankruptcy Code, commonly referred to as the “means test,” and provided for in 11 U.S.C. § 707(b)(2)(A) and (B). The failure of an attorney to accurately disclose a client’s monthly income and expenses on the means test can have devastating consequences on the debtor and may result in potentially sanctionable actions against the attorney pursuant to the Bankruptcy Code and the Rules of Professional Conduct.