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By Ed Boltz, 18 June, 2024

SCOTUS: UST v. John Q. Hammons- Remedy for Violation of the Bankruptcy Uniformity Clause

Summary:

By Ed Boltz, 6 June, 2024

SCOTUS: Truck Insurance Service v. Kaiser Gypsum- Definition of Party in Interest in Bankruptcy

Summary:
Truck Insurance Exchange, the primary insurer for companies facing asbestos-related lawsuits, objected to the reorganization plan proposed by Kaiser Gypsum Co. and Hanson Permanente Cement, which had filed for Chapter 11 bankruptcy. The plan created an Asbestos Personal Injury Trust under 11 U.S.C. Β§524(g) to handle all asbestos-related claims. Truck, responsible for defending and indemnifying up to $500,000 per claim, argued that the plan exposed it to fraudulent claims due to inadequate disclosure requirements for insured claims.

By Ed Boltz, 29 May, 2024

Law Review Note: Rylee Stanley, The Poor Man's Problem in Bankruptcy, 55 St. Mary's L.J. 1185 (2024).

Available at: The Poor Man's Problem in Bankruptcy

Introduction:

This Comment describes how bankruptcy courts operate and explores the effects of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) on indigent parties and  also discusses the unique concerns surrounding pro se bankruptcy cases compared to other proceedings and points out the inequities that currently exist between trustees and debtors. 

By Ed Boltz, 23 May, 2024

Law Review: David Y. Kamins, Punishing Debtors in Bankruptcy During COVID-19, 18 Brook. J. Corp. Fin. & Com. L. 247 (2023)

Abstract:

By Ed Boltz, 24 April, 2024

Law Review: Kilborn, Jason J., The 'Market Model' of Debt Counseling and Bankruptcy in the United States (March 1, 2024)

Available at SSRN: https://ssrn.com/abstract=4752879

Abstract:

By Ed Boltz, 23 April, 2024

Research Paper: Lee, Brian Jonghwan, Bankruptcy Lawyers and Credit Recovery (April, 2024). FRB of Philadelphia Working Paper No. 24-10,

Available at SSRN: 

By Ed Boltz, 15 March, 2024

Law Review: Rafael I. Pardo, Rethinking Antebellum Bankruptcy, 95 U. Colo. L. Rev. __ (2024 forthcoming)

Abstract:

By Ed Boltz, 14 March, 2024

Law Review: Tavera, Daniel M. - The Unscheduled Creditor in a Chapter 7 Case with Assets, 35 Loy. Consumer L. Rev. 145

Abstract:

By Ed Boltz, 11 March, 2024

Article: Moran, Cathy- Tracking Down the Illusive Mortgage Interest Deduction

There's an argument that Chapter 13 Trustees should, at least in  some plans,  be sending debtors  1098s.  

From the IRS instructions:

________

By Ed Boltz, 9 March, 2024

Law Review: Ponoroff, Lawrence- Chapter 13: Let’s Call the Whole Thing Off

Abstract:

Pagination

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