Consumer Bankruptcy

Supreme Court Argument: Can Real Estate Tax Foreclosure Violate the Takings Clause?

Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.

Failing to File a Claim Has Dire Consequences for a Secured Creditor

A secured lender who doesn’t file a claim doesn’t get paid by the chapter 13 plan and keeps its lien, but can’t reclaim the collateral during the life of the plan.

Inside ABI May 2023

May 2023

Legislative Highlights May 2023

May 2023

Supreme Court Hears Oral Argument on Tribal Sovereign Immunity

It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.

Complications of Interstate Exemption Law and Marriage

June 2023

Clark v. Rameker Didn’t Say that All Inherited IRAs Aren’t Exempt

In Section 522(b)(3), Congress made sure that ‘retirement funds’ are exempt in bankruptcy even if they aren’t exempt in states that don’t permit federal exemptions.

Faculty Biographies (2023 Annual Spring Meeting)

Bankruptcy and Divorce