Oct 2016
Coal Bankruptcies: Interface with Environmental Laws and Regulators
The Treatment of an Innocent Spouse for Nondischargeable Fraud
ABC Leadership Enhances Best Practice at Specialization Roundtable
Why Are U.S. Retail Reorganizations So Hard?
Purchasing Claims Free and Clear of a Debtor’s Defenses: The Conflicting Views of the Third and Ninth Circuits
Sept 2016
Getting Prepared for Certification, Plus New ABC Members Announced
Don’t Hate Me for Being Critical: Critical Thoughts about Critical Vendors
Fixing Our Infrastructure May Require Fixing the Bankruptcy Code: Preference Actions Threaten Municipal Contractors
A Primer on Mexico’s Ley de Concursos Mercantiles
Codification of Oil and Gas Lien Claimants’ Preference Defense?
Aug 2016
What’s Next After Husky v. Ritz: Has Pandora’s Box Been Opened?
ASARCO Decisions: They Aren’t Just About Legal Fees Anymore
Statutory Interpretation Merry-Go-Round: Student Loan Cosigner Discharge Then, Now and Later
A Three-Way Split on § 1322(b)(2)’s Antimodification Provision and an Emerging Minority View
The Case for Independent Oversight in Municipal Restructurings
July 2016
Can a Creditor Have Its § 503(b)(9) Cake and Eat It, Too?
Unforgiven No Longer: Ninth Circuit BAP Authorizes Discharge of Old Tax Debt from Untimely Returns
Benchnotes July 2016
Identifying the “Source”: The Trustee’s Tracing Burden in Preference Claims
Filing Fee Waivers: Be Careful of What You Don’t Ask For
May 2016
Puerto Rico’s Real Crisis Is Credibility
Another ABC-Certified Specialist Is Appointed to the Bench
Cross-Border, Cross-Debtor, Multi-Debtor Issues in Proceedings
Third-Party Litigation Financing: Do We Need It? Is It Worth the Risks?
Should a Secured Creditor’s Silence Be Deemed Acceptance of a Chapter 13 Plan?
Apr 2016
Transfer of Claim Held by Insider Does Not an Insider Claim Make
The Predictable Unpredictability of Global Oil Prices, and What It Means for Professionals
Federal Paramountcy in Canada: Bankruptcy Laws Trump Provincial Debt-Collection Laws
Exciting Developments at the ABC
Inside the Black Box: The Means Test at 10
March 2016
Requirements for Surcharge: Understanding the Benefit Test
Tools-of-the-Trade Exemption Includes Digital Files as Documents
The Bad, the Ugly and the Hateful: Do Retainers Make You “Not Disinterested”?
Series LLCs: Can a Series File for Bankruptcy, and What if It Does?
Legislative Highlights March 2016
Feb 2016
A Nice Problem to Have: Difficulties with Attorneys’ Fee Claims under § 506(b)
Long-Term Student Loan Debts in Chapter 13: Don’t Put Them Off
Applying the Bullock § 523(a)(4) Defalcation Standard
NHL Scores Big on Attorneys’ Fees Against Nondebtors
First Session of 114th Congress: Student Loan Debt, Puerto Rico’s Financial Distress, Dodd-Frank Appeal
Dec 2015
What Is the CFPB, and Why Should You Care? The Bureau’s Reach Extends Beyond Consumer Advocacy
Crowson Separate-Filings Rule: Easier Than You May Think
3d Circuit Bolsters “Gifting,” Approves Flexible Approach to Distribution of Funds
Potential Malpractice Claims Tied to Petters Ponzi Scheme Revived
Legislative Highlights December 2015
Nov 2015
Evaluating Antitrust Exposure When Purchasing a Competitor’s Assets
Trustee Sales in the First Circuit
A Modest Proposal on Exculpatory Clauses: Add a Pinch of Certainty to Incentivize Plan Proponents
New England Telephone Calls on Lienholders to Protect Their Rights
Plan Bar Dates and Chapter 11 Administrative Expenses
Sep 2015
Implications of Wholesale Adoption of UVTA Choice-of-Law Provisions
A Priority Is a Priority Is a Priority — Except When It Isn’t
Harsh Realities at Intersection of UCC and Bankruptcy Code
Cracking the Crawford Code: Treatment of Time-Barred Claims in Bankruptcy Proceedings
Lenders and Directors Beware of Dead-Hand Proxy Put
Apr 2015
ResCap Liquidating Trust Can Proceed Against Several Mortgage Loan Originators
ABI Mediation Committee’s Model Guidelines for Mediation
Perfecting Security Interests in a Debtor’s Insurance Policy
Fee Enhancements: Only for the Rare and Exceptional
Two Courts Deny Shortcuts under Fed. R. Bankr. P. 7023