ABI Journal

Selected content from the ABI Journal

  • The Cryptocurrency Craze: How to Treat Bitcoins in Fraudulent Transfer Litigation

    The Cryptocurrency Craze: How to Treat Bitcoins in Fraudulent Transfer Litigation

    The rapid increase in the use and consumption of bitcoins is undeniable. Given the volatility of the bitcoin market, a large fluctuation bitcoin value could cause a surge in bitcoin-related filings.

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  • Liberating Debtors from "Sweatbox" and Getting Attorneys Paid: Bifurcating Chapter 7 Engagements

    Liberating Debtors from "Sweatbox" and Getting Attorneys Paid: Bifurcating Chapter 7 Engagements

    Chapter 7 attorneys’ fees are not an administrative expense, and attorneys fear that unpaid, pre-petition fees are subject to the automatic stay and discharge.

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  • With Notice Comes Responsibility

    With Notice Comes Responsibility

    Authored by one of our inaugural class 40 Under 40 Honorees: Direct payments to creditors are payments “under the plan” and required for debtor to be granted § 1328(a) discharge.

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  • Merit – Safe-Harbored No More

    Merit – Safe-Harbored No More

    Authored by one of our 2017 40 Under 40 Honorees: In the Merit case, the Supreme Court found that the safe harbor did not apply if a "financial institution" is a "mere conduit" for a transfer.

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  • Check Engine: Rules of the Road to Navigate Upcoming Auto Distress

    Check Engine: Rules of the Road to Navigate Upcoming Auto Distress

    The automotive industry faces an overhaul like nothing it has ever experienced. Short- and long-term challenges in the industry will likely result in a number of suppliers having to be restructured.

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  • Cramdown for Unsecured Creditors: Since When Does "Best Interests" Mean Less Interest?

    Cramdown for Unsecured Creditors: Since When Does "Best Interests" Mean Less Interest?

    A chapter 11 debtor cannot allow its equityholders to retain their interests while cramming down a class of unsecured creditors with payments that omit adjustments for risk.

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  • The Coming U.S. Farm Crisis

    The Coming U.S. Farm Crisis

    The agricultural sector is again struggling, and circumstances have begun to resemble those faced by farmers in the early 1980s.

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  • Foreclosure Tuesday in Georgia

    Foreclosure Tuesday in Georgia

    All foreclosure sales in Georgia are held on the first Tuesday of each month. As foreclosure sales are final in Georgia, debtors are incentivized to file a chapter 13 to stop a foreclosure sale.

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  • The Effect of Tax Reform on Debt Discharged in Chapter 11

    The Effect of Tax Reform on Debt Discharged in Chapter 11

    The Tax Cuts and Jobs Act of 2017 may have a significant impact on after-tax cash flow in the years following an emergence from chapter 11.

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  • Are Bankruptcy Courts Sanctioned to Sanction?

    Are Bankruptcy Courts Sanctioned to Sanction?

    U.S. bankruptcy judges are statutory creatures under the Constitution. Because they lack attributes of their Article III counterparts, there are always questions about the reach of their authority.

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  • Fees-on-Fees Retention Provisions Might Be Circling Back This Way

    Fees-on-Fees Retention Provisions Might Be Circling Back This Way

    On Sept. 20, 2017, for the first time post-ASARCO, a bankruptcy court approved a “fees-on-fees” retention provision for an estate professional.

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  • Music Festival Insolvencies: What Happens When the Music Stops?

    Music Festival Insolvencies: What Happens When the Music Stops?

    How hard could running a music festival be? What could go wrong? As it turns out, plenty. This article focuses on 4 recent festival bankruptcies as case studies.

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  • When Tax Claims Can Tip the Scales: Expanding the Look-Back Period on Fraudulent-Transfer Claims

    When Tax Claims Can Tip the Scales: Expanding the Look-Back Period on Fraudulent-Transfer Claims

    Idaho Bankruptcy Court recently ruled in In re CVAH Inc. that a trustee can “step into the shoes” of the IRS and utilize the transfer avoidance powers within both the FDCPA and the IRC.

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  • The Myth of the "Efficient Market": Restructuring Real Estate Mortgages

    The Myth of the "Efficient Market": Restructuring Real Estate Mortgages

    With the rise of retail bankruptcies, loss of rental income and anticipated increase in the national interest rate, the need for bankruptcy in the commercial real estate sector might increase.

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  • Third-Party Litigation Funding: Where Do We Go Now?

    Third-Party Litigation Funding: Where Do We Go Now?

    Third-party litigation funding, where monied investors will finance litigation for a percentage of the litigation recovery, is here to stay, despite numerous and developing challenges and concerns.

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  • A Dangerous Mix: Multiple Board Service and Insolvency

    A Dangerous Mix: Multiple Board Service and Insolvency

    Directors frequently serve on the boards of multiple entities within a single corporate family, but there could be risks if the parent corporation and one or more of its subsidiaries become insolvent.

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  • Life After Jevic: An End to Priority-Skipping Distributions?

    Life After Jevic: An End to Priority-Skipping Distributions?

    A number of recent bankruptcy court decisions have begun to extend the reach of the Supreme Court's decision in Czyzewski v. Jevic Holding Corp.

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  • Living in Borrowed Times: The Changing Context of Student Loan Discharge

    Living in Borrowed Times: The Changing Context of Student Loan Discharge

    Moral blameworthiness is why Congress first placed specific restrictions on discharging educational debt in 1976, but the context of student borrowing has since changed substantially.

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  • Emerging Issues: Residential PACE Loans and Bankruptcy

    Emerging Issues: Residential PACE Loans and Bankruptcy

    Property Assessed Clean Energy (PACE) loan programs nationwide attest to the desirability of energy efficiency improvements as a matter of public policy, but they are not without issues.

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  • Are Student Loans No Longer the "Third Rail" of Bankruptcy?

    Are Student Loans No Longer the "Third Rail" of Bankruptcy?

    Courts typically apply the Brunner test to determine "undue hardship" when faced with a debtor with student loan debt, yet two recent decisions seem to have softened the harshness of § 523(a)(8).

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