Bankruptcy Articles

Selected articles on bankruptcy topics

  • IRS Can't Use Mistaken But Good Faith Belief That Debt Hadn't Been Discharged

    IRS Can't Use Mistaken But Good Faith Belief That Debt Hadn't Been Discharged

    Under 26 USC §7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge order.

    Read Article
  • Representations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling

    Representations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling

    "[...]expect more adversary proceedings about what a debtor “obtained” from a creditor and the amount of information the creditor has about the debtor’s financial condition"

    Read Article
  • In re Thane: If It Walks Like a Duck and Quacks Like Duck, It Still Might Not Be an Assumed Contract

    In re Thane: If It Walks Like a Duck and Quacks Like Duck, It Still Might Not Be an Assumed Contract

    In conjunction with a § 363 sale, do not make any assumptions that certain contracts have been impliedly assumed, even if the buyer’s course of conduct might indicate that.

    Read Article
  • Can You Lose a Licensed Mark in Bankruptcy? Reality and Considerations

    Can You Lose a Licensed Mark in Bankruptcy? Reality and Considerations

    Parties can build in protections that reduce the risk of rejection in bankruptcy, including placing the trademarks in a separate bankruptcy protected or remote entity and/or obtaining a lien [...]

    Read Article
  • Reverse Fraudulent Transfer Claim: Venezuela and Disputes Over Gold

    Reverse Fraudulent Transfer Claim: Venezuela and Disputes Over Gold

    Venezuela insisted that the Crystallex judgment would never be paid so it engineered a “reverse fraudulent transfer” to take assets out of the U.S. and back to Venezuela to avoid creditor claims.

    Read Article
  • Supreme Court Clarifies Power to Claw Back Transfers Made Through Financial Institutions

    Supreme Court Clarifies Power to Claw Back Transfers Made Through Financial Institutions

    A Feb. 27, 2018, decision by the U.S. Supreme Court resolved a split in the circuit courts by clarifying that a bankruptcy trustee[...] may claw back preferences and constructive fraudulent transfers.

    Read Article
  • ×

    Is Your Name WiFi? 'Cause We Really Feel a Connection! Tell Us a Little More About You.

    First Name
    Last Name
    Thank you!
    Error - something went wrong!
  • Tax Reform for Restructuring Lawyers

    Tax Reform for Restructuring Lawyers

    [T]here are a number of provisions that restructuring lawyers should be aware of in the once-in-a-generation tax reform bill signed by President Trump on Dec. 22, 2017.

    Read Article
  • Ethical Use of Artificial Intelligence in the Legal Industry: The Rules of Professional Conduct

    Ethical Use of Artificial Intelligence in the Legal Industry: The Rules of Professional Conduct

    Although there is currently no case law guidance regarding the ethical use of AI in the legal industry, the Rules continue to guide lawyer conduct in an ever-changing technological environment.

    Read Article
  • A Different Sort of Tax Refund: The Ninth Circuit Allows Debtors in Possession to Recover Tax Payments to the IRS Under § 544(b)

    A Different Sort of Tax Refund: The Ninth Circuit Allows Debtors in Possession to Recover Tax Payments to the IRS Under § 544(b)

    In re DBSI Inc., offers new precedent that swings the balance back toward debtors and general unsecured creditors at the expense of the IRS.

    Read Article
  • Medical Lien Mgmt, Inc. v. Dampier

    Medical Lien Mgmt, Inc. v. Dampier

    The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units.

    Read Article
  • ×

    Get insolvency information from the source. Subscribe to the ABI InSider!

    First Name
    Last Name
    !
    Thank you!
    Error - something went wrong!
  • Pittner v. Castle Peak 2011-1 Loan Trust

    Pittner v. Castle Peak 2011-1 Loan Trust

    Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated.

    Read Article
  • Reinbold v. Thorpe (In re Thorpe)

    Reinbold v. Thorpe (In re Thorpe)

    Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed.

    Read Article
  • Tension Within Chapter 11: Break-Up Fee Enforceability and In re Energy Future Holdings

    Tension Within Chapter 11: Break-Up Fee Enforceability and In re Energy Future Holdings

    Energy Future Holdings demonstrates the tradeoff underlying two important legal standards.

    Read Article
  • Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?

    Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?

    [...]Is a deposit or wire transfer into a debtor’s bank account a “transfer” within the meaning of § 101(54)? The legislative history behind § 101(54) suggests that the answer is “Yes.”

    Read Article
  • In re Haler

    In re Haler

    Oral statement that company was in "very fine legally [sic] financial shape" & had "plenty of cash to operate" is within exception under 523(a)(2)(A) so the debt was dischargeable. Judgement reversed.

    Read Article
  • Kramer v. Mahia

    Kramer v. Mahia

    The 2d Circuit Court of Appeals affirmed the district court’s judgment, finding that five of the appellant’s arguments were meritless for the same reasons stated in the district court's order.

    Read Article
  • Hanjin Sends Emergency S.O.S: Provisional Relief in § 1519(a) of the U.S. Bankruptcy Code

    Hanjin Sends Emergency S.O.S: Provisional Relief in § 1519(a) of the U.S. Bankruptcy Code

    International companies are increasingly using chapter 15 of the U.S. Bankruptcy Code to implement cross-border restructurings.

    Read Article
  • New Publication: Consumer Bankruptcy (4th Edition)

    New Publication: Consumer Bankruptcy (4th Edition)

    ABI's essential guide to all aspects of consumer bankruptcy practice, updated with relevant case references and recent court decisions. Available for purchase at store.abi.org.

    Read Article
  • Millennium: At the Intersection of Stern v. Marshall and Third-Party Releases

    Millennium: At the Intersection of Stern v. Marshall and Third-Party Releases

    The issue of nonconsensual third-party releases in chapter 11 plans continues to generate litigation.

    Read Article
  • Committees Have an Unconditional Right to Intervene — Subject to Certain Caveats

    Committees Have an Unconditional Right to Intervene — Subject to Certain Caveats

    The Financial Management decision can be used as a tool for committees and other parties-in-interest seeking intervention.

    Read Article
  • loading
    Loading More...