ABI Journal

Selected content from the ABI Journal

  • Direct-Payment Defaults Can Forestall Chapter 13 Discharges

    Direct-Payment Defaults Can Forestall Chapter 13 Discharges

    Debtors might lose their home or car after stay relief during their case, but they keep making their chapter 13 plan payments, expecting to receive a discharge that might not happen.

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  • OPEC Nations' Struggles Could Impact World Economy

    OPEC Nations' Struggles Could Impact World Economy

    All but two OPEC member nations are on a collision course with financial ruin, and this could potentially impact the world economy.

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  • Think Twice Before Invoking Involuntary Bankruptcy

    Think Twice Before Invoking Involuntary Bankruptcy

    Much like the proverbial barking dog who chased the car and caught it, petitioning creditors should consider what could happen when using involuntary petition as a debt-collection tool.

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  • Marijuana: From Greenhouse to Courthouse

    Marijuana: From Greenhouse to Courthouse

    Because bankruptcy is a federal remedy, courts have been reluctant to grant relief to debtors involved with marijuana, but recent cases suggest that the tide might be turning.

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  • What Do You Do When Your Anchor Store Sinks?

    What Do You Do When Your Anchor Store Sinks?

    What do bankruptcy courts do when a debtor tenant fails to fulfill lease obligations as required under § 365(d)(3)? Landlords have found themselves with unsatisfactory remedies, or no remedy at all.

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  • Chapter 13 Discharge Rates

    Chapter 13 Discharge Rates

    The success of the chapter 13 bankruptcy statute is unquestioned by those who work in this area of law daily, and many stakeholders benefit from successfully completed cases.

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  • A Primer on the Chapter 15 Global Chess Game

    A Primer on the Chapter 15 Global Chess Game

    This article provides a base level of familiarity through a brief discussion of recent cases addressing debtor eligibility and foreign case recognition concepts under chapter 15.

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  • When a Seized Vehicle Is Returned to the Chapter 13 Debtor

    When a Seized Vehicle Is Returned to the Chapter 13 Debtor

    One of the significant unresolved issues in consumer bankruptcy law is the right of a chapter 13 debtor to obtain the return of a vehicle seized before the bankruptcy was filed.

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  • Are Tiered Chapter 13 Plans Permitted by the Bankruptcy Code?

    Are Tiered Chapter 13 Plans Permitted by the Bankruptcy Code?

    Does the Bankruptcy Code permit tiered chapter 13 plans? Bankruptcy courts are divided, and even courts within the same federal districts have reached different results.

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  • Chapter 11's New Hidden Cost

    Chapter 11's New Hidden Cost

    The landscape of the restructuring process under chapter 11 has undergone substantial changes in recent years, rendering rare what was once perceived as the “traditional reorganization case.”

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  • Tax Cuts and Jobs Act and Bankruptcy Estate Taxes

    Tax Cuts and Jobs Act and Bankruptcy Estate Taxes

    The Tax Cuts and Jobs Act is the largest tax law overhaul since 1986, and trustees, debtors and their professionals should be aware of how these changes might affect bankruptcy estates.

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  • The Challenge of the New Farm Crisis

    The Challenge of the New Farm Crisis

    Rising interest rates coupled with reduced income and increased debt suggests that some farmers might not be able to repay debt in future years.

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  • Have We Hit Another Energy Downturn?

    Have We Hit Another Energy Downturn?

    With U.S. oil production soaring to an all-time high and WTI crude plunging to its lowest closing price since mid-2017, it is time to consider whether another energy downturn has begun — or resumed.

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  • When Consumers Are Too Broke for a Fresh Start

    When Consumers Are Too Broke for a Fresh Start

    The fresh start is a powerful poverty-fighting tool. However, over the last decade, chapter 7’s fresh start has become steadily less accessible for low-income Americans.

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  • When Songwriter Publishing Agreements Are Rejected in Bankruptcy

    When Songwriter Publishing Agreements Are Rejected in Bankruptcy

    This article examines what happens to the writer’s share when a songwriter files for bankruptcy and rejects his/her publishing agreement.

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  • World of Key Employee Compensation

    World of Key Employee Compensation

    An organization in chapter 11 should implement an alternative-compensation arrangement to retain key executive talent and incentivize them so that the company can successfully restructure.

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  • Best Practices for Chapter 7 Filing Fee Waivers

    Best Practices for Chapter 7 Filing Fee Waivers

    Fee-waiver and installment-payment requests in individual chapter 7 cases are on the rise, putting increasing pressure on the budgets of the courts and chapter 7 trustees.

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  • Consumer Bankruptcy Through the Eyes of an Athlete

    Consumer Bankruptcy Through the Eyes of an Athlete

    Celebrities’ financial woes are often headline-grabbing sound bites, but the news stories are often slim on details as to how — if at all — the celebrity recovers from his/her financial troubles.

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  • Health Care Bankruptcies from the Government's Perspective

    Health Care Bankruptcies from the Government's Perspective

    Health care bankruptcies impose life-and-death consequences on the public at large, prompting the U.S. Trustee and state and federal entities to take a more active posture in order to fill this void.

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  • Creative Discharge Solution to the Student Loan Crisis

    Creative Discharge Solution to the Student Loan Crisis

    Individuals with student loan debt face an uphill battle in bankruptcy, but a recent case shows that courts might be increasingly willing to relax the standard to discharge governmental student loans.

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