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Bankruptcy Brief |
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NEWS AND ANALYSIS |
Weekly Unemployment Claims Decreased Slightly, According to DOL
The number of Americans filing unemployment claims last week fell slightly as businesses continue to retain employees, the Associated Press reported. Applications for jobless benefits fell by 2,000 to 227,000 for the week ending May 17, the Labor Department said today. The Labor Department also reported that the four-week average of claims, which evens out some of the week-to-week ups and downs during more volatile stretches, rose by 1,000 to 231,500. The total number of Americans receiving unemployment benefits for the week of May 10 climbed by 36,000 to 1.9 million. Read more.
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Key Women Leaders in Restructuring Provide Insights on New WIR Episode Taped Live at ASM
A special episode of ABI’s “Women in Restructuring” podcast was recorded live during the Women’s Reception at ABI’s 2025 Annual Spring Meeting in April in Washington, D.C. Hon. Michelle M. Harner of the U.S. Bankruptcy Court for the District of Maryland (Baltimore), Jolene E. Wee of JW Infinity Consulting LLC (New York) and Amber M. Carson of Gray Reed (Dallas) talked with host Sarah Foss of Debtwire (Dallas) about their careers in the restructuring industry and insights for women coming up in restructuring field. Click here to listen!
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Analysis: How the House Tax Legislation Affects Student Loan Forgiveness and Repayment Plans
Among the many provisions within the tax-and-spending bill passed narrowly (215-214) by Republican lawmakers in the House of Representatives today were repeals of several key federal student loan forgiveness and repayment programs that also slash more than $300 billion in education-related spending, according to a Forbes analysis. The legislation proposes major changes to federal student loan forgiveness programs, including:
• Repealing Biden-era regulations governing Borrower Defense to Repayment and Closed School discharges, student loan forgiveness programs designed to provide relief to borrowers defrauded or misled by their school;
• Eliminating Public Service Loan Forgiveness eligibility for medical and dental residents;
• Prohibiting the Department of Education from enacting new broad student loan forgiveness programs through regulatory action, as President Joe Biden had tried to do; and
• Allowing tax relief on student loan forgiveness and canceled student debt to expire, making the events potentially taxable again, depending on the program.
The bill would preserve tax relief for student loan discharges based on a student loan borrower’s death or total and permanent disability. While the House’s passage of the legislation is a key step in the process, the bill still has to be considered in the Senate. Read more.
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Subchapter V Experiences to Share? ABI Wants to Hear from You!
ABI is continuing its study of Subchapter V, and it needs your help! We are particularly interested in learning more about the real-world impact of Subchapter V. So our question is, do you have a story about a distressed business or creditor who has used or benefited from the subchapter? If so, could that case still happen under the lower debt cap for Subchapter V debtors? Any and all responses are welcome. Submit your story at https://abi.org/subvstories.
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Commentary: Examining Silvergate, Part II
Profs. Bruce Markell of Northwestern University Law School and Nancy Rapoport of UNLV School of Law, in a second installment of a Creditor Rights Coalition commentary, were critical to the response of Ivona Smith to the report of Stephanie Wickouski of Pivot as examiner in the Silvergate bankruptcy case. Both Markell and Rapoport found fault in law firm Richards Layton & Finger representing a one-person investigative committee while also having ties to the debtor — creating what they argued is an unresolvable conflict of interest. Markell argued that the independent committee’s counsel mischaracterized key facts, downplayed conflicts of interest, and relied on legal formalisms rather than addressing substantive concerns. Rapoport highlighted that state ethical rules bar this kind of dual representation. Both concluded that true independence matters, especially when investigating board conduct in complex bankruptcies with high stakes for investors and creditors. Read more.
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U.S. Existing Home Sales Slowed in April
U.S. existing home sales unexpectedly fell in April despite a temporary drop in mortgage rates and increased supply, and could remain lackluster this year amid rising economic uncertainty, Reuters reported. Home sales slipped 0.5% last month to a seasonally adjusted annual rate of 4.00 million units, the National Association of Realtors said today. Sales last month were the slowest for April since 2009, signaling a weak start to the spring selling season. They declined 2.0% on a year-over-year basis in April. With sales being weak, the inventory of existing homes increased 9.0% to 1.45 million units in April. Supply soared 20.8% from a year ago. An oversupply of new homes on the market could pull buyers away from previously owned ones. Builders are cutting prices and offering incentives to attract customers. Read more.
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U.S. Business Equipment Borrowings Decline in April
U.S. companies borrowed 4.4% less to finance equipment investments in April compared with the same period from the year earlier, the Equipment Leasing and Finance Association (ELFA) said yesterday, Reuters reported. New loans, leases and lines of credit signed up by companies in April cooled to $10 billion from $10.2 billion the previous year. ELFA's nonprofit affiliate, the Equipment Leasing & Finance Foundation, said its confidence index for May stood at 44.5, up from 41.9 in April. A reading above 50 indicates a positive business outlook. Read more.
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Unlock Bankruptcy Law Essentials from Top Industry Professionals with Restructuring Masterclass Program
Restructuring Masterclass is an online, on-demand series of classes specifically designed to cover all the bankruptcy essentials. This program provides a foundation in bankruptcy law for both lawyers and business professionals alike, and sessions are taught by an outstanding faculty of experts who present practice tips and the basic concepts that every professional dealing with insolvency needs to know. Learning the fundamentals of bankruptcy law is an essential practice component for a variety of professions. Subscribe today at restructuringmasterclass.com to explore more than 40 expertly crafted courses, with new sessions being added monthly.
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Apply to Become an ABI Journal Coordinating Editor
The ABI Journal Editorial Board is seeking qualified candidates to serve in 2026 as coordinating editors. These editors are responsible for finding authors for specified columns. The ABI Journal has more than 30 columns that run throughout the year. In order to ensure a broad range of submissions, coordinating editors are asked not to solicit or select directly from their firms for all or most of the slots. For more information, visit abi.org/abi-journal. If you are interested, send your resume, a brief letter of interest and a list of preferred columns to ABI Managing Editor Elizabeth A. Stoltz at estoltz@abi.org by June 23. ABI’s Editor-in-Chief and Vice President-Publications will make their selections based on the positions available. ABI membership is required to serve on the editorial board.
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Applications Being Accepted Through June 2 for NCBJ/ABI Trial Skills Workshop in Chicago
NCBJ and ABI will again offer an intensive, full-day workshop designed for bankruptcy practitioners to build trial skills and increase confidence for better outcomes for clients. This learn-by-doing program on Sept. 17 in Chicago is limited to 20 attorneys with 12 or fewer years of practice. Interact with 15 sitting federal judges over breakfast and lunch (included) at the U.S. District Courthouse in Chicago, and network with other participating bankruptcy attorneys. Applications must be received by June 2! Click here for more information and to submit an application.
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Interested in Judgeship Opportunities? Don't Miss this Open Forum on June 11 Hosted by the U.S. Bankruptcy Court for the Central District of California!
The U.S. Bankruptcy Court for the Central District of California, Riverside Division invites ABI members who might be interested in applying for a bankruptcy judgeship, or learning more about the process, to a free lunch program via Zoom on June 11, hosted by the sitting Riverside Division judges. The judges will share their experiences on the bench and answer questions about their experiences. A representative from the Ninth Circuit Office of the Circuit Executive also will be doing a presentation about the application process and answering questions. Time permitting, attendees may be given a tour of the bankruptcy court. Questions will be collected from attendees in advance of the program for the Q&A session. Click here to learn more.
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Application and Nomination Period for ABI’s 2025 “40 Under 40” Open Through June 30
The ABI "40 Under 40" annual program continues to highlight the best up-and-comers in the industry. If you are, or know of, a dynamic insolvency professional who is committed to growth and excellence both professionally and in your community, this is one opportunity not to be missed! Applications are due June 30. Click here for more information and to submit a nomination or application.
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Access All Current ABI Titles Through ABI’s New Digital Book Subscription!
One of the best collections of bankruptcy books is now available as an annual digital subscription! ABI’s bankruptcy library opens the door to a constantly evolving area of the law, and our books are continually being updated by top industry professionals. Auto-renewing annual subscriptions guarantee immediate access to this invaluable resource, which is comprised of fully searchable content that’s always available on any digital device. Convenient pricing plans for individual and institutional subscribers offer immediate and unlimited access to our entire digital library of books — nearly 100 treatises! Plus, you get advanced access to new and revised books as soon as they are published — all included in your annual subscription. Learn more!
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Have an Idea for a Topic for an ABI Conference Session? Submit Your Proposal via ABI’s “Call for Abstracts” Page!
ABI has launched an online portal for professionals to submit proposals for educational sessions at future ABI conferences. Submitters can describe their proposed topic, outline the session’s focus and learning goals, suggest speakers, and provide contact information via the portal’s detailed form. The portal can be accessed here.
All submissions will be reviewed by an internal Education Committee, which will contact the submitter to ask questions as needed and to discuss the status of the proposal. Submissions will be reviewed on a rolling basis.
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Sign up Today to Receive Rochelle’s Daily Wire by E-mail!
Have you signed up for Rochelle’s Daily Wire in the ABI Newsroom? Receive Bill Rochelle’s exclusive perspectives and analyses of important case decisions via e-mail!
Tap into Rochelle’s Daily Wire via the ABI Newsroom and 'X' (Formerly known as Twitter)!
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BLOG EXCHANGE |
New on ABI’s Bankruptcy Blog Exchange: What Qualifies as “Consent” for a Third-Party Release? (In re Spirit Airlines)
A recent blog post by Donald Swanson looking at the opinion in In re Spirit Airlines, Inc., Case No. 24-11988, helps to answer the question of whether a creditor’s consent to a third-party release can arise from an opt-out plan voting mechanism.
To read more on this blog and all others on the ABI Blog Exchange, please click here.
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