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Fifth Circuit Declines to Enforce Mexican Plan of Reorganization and Devises New Framework for Foreign Debtor Relief 10 Apr 2013 | 06:20 am
By: Maurizio Anglani St. John’s Law Student American Bankruptcy Institute Law Review Staff In a matter of first impression, the Court of Appeals for the Fifth Circuit refused to enforce a foreign d...
New York Courts Split on Jewel Unfinished Business Claims 26 Feb 2013 | 07:20 am
By: Guillermo Martinez St. John’s Law Student American Bankruptcy Institute Law Review Staff Two recent New York District Court cases disagree whether the principle established in the famous Calif...
Liberal Test Applied to Impose Fee Award for Creditor’s Unsuccessful Discharge Objection 26 Feb 2013 | 06:21 am
By: Lauren Michalski St. John’s Law Student American Bankruptcy Law Review Staff In In re Dunbar, the United States District Court for the District of Montana held that a creditor was not substanti...
Brunner Test Reexamined in Western District of New York 26 Feb 2013 | 06:08 am
By: Shane Malone St. John’s Law Student American Bankruptcy Institute Law Review Staff Despite failing to apply for an income-based loan repayment plan, the Bankruptcy Court for the Western Distric...
Court Focuses on Policy Rather Than Formality in Approving Key Employee Plans 20 Feb 2013 | 01:29 am
By: Erin Dempsey St. John's Law Student American Bankruptcy Institute Law Review Staff Rejecting the technical arguments of the United States Trustee (the “UST”), the Bankruptcy Court focused on th...
S Corporation May Not Pay Shareholders’ Post-Petition Tax Obligations 19 Feb 2013 | 09:30 pm
By: Erin Rieu-Sicart St. John’s Law Student American Bankruptcy Institute Law Review Staff Finding that it would violate the absolute priority rule, the United States Bankruptcy Court for the Weste...
Exempt Assets May Be Surcharged to Remedy Debtor Misconduct 28 Jan 2013 | 07:29 pm
By: Elizabeth H. Shumejda St. John’s Law Student American Bankruptcy Institute Law Review Staff Broadly construing section 105(a) of the Bankruptcy Code (the “Code”), the First Circuit, in Malley v...
Supreme Court Holds Post-Petition Tax Liabilities Non-Dischargeable for Chapter 12 Debtors 28 Jan 2013 | 07:17 pm
By: Joice Thomas St. John’s University Law Student American Bankruptcy Institute Law Review Staff Adopting a textualist approach, the U.S. Supreme Court, in Hall v. United States,[1] ruled that ca...
Law Firm Does Not Qualify for Attorney Exemption in the Kansas Credit Services Organizations Act 26 Jan 2013 | 08:43 pm
By: Lisa Fresolone St. John’s Law Student American Bankruptcy Institute Law Review Staff A law firm did not qualify for protection under the attorney “safe harbor” provisions of the Kansas Credit ...
Third Circuit Rejects Wait-and-See Valuation Approach and Accepts Lien Stripping in Section 506(a) 24 Jan 2013 | 08:41 pm
By: Andrew Richmond St. John’s Law Student American Bankruptcy Institute Law Review Staff In In re Heritage Highgate, Inc.,[1] the Third Circuit held that the fair market value of property as of th...
