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Section 523(a) Exceptions to Discharge Do Not Apply to Subchapter V Corporate Debtors
02/22/2024 ...[more]Meet Judge Robinson
01/01/2024 Shad Robinson took the bench as the twelfth bankruptcy judge to serve in the Western District of Texas on February 21, 2023. Judge Robinson, by his own telling, took an unlikely path to law school and practicing bankruptcy law. He is fairly unique among ...[more]Supreme Court Strikes Blow for Deciding Cases and Explains What Is Jurisdictional and What Is Not
11/26/2023 Author's Note: I started writing this post in April. My life has been a bit busy this year so I haven't blogged as much as in prior years. If you are already familiar with the holding of Moac Mall Holdings , you may want to skip to the end to ...[more]The Valuation Paradox
10/18/2023 In the program Who Killed the Company? Tips and Trends in Claims and Defenses, Judge Marvin Isgur and his fellow panelists confronted issues such as in pari delicto, insurance coverage and waiver of fiduciary duties. However, one discussion led by Judge ...[more]NCBJ 2023: The View from Austin
10/15/2023 The National Conference of Bankruptcy Judges came to Austin for its 2023 conference with the slogan Blues, Barbecue and Bankruptcy. Here are some images from the conference. ...[more]Rats! I need a new car and I’m stuck in Chapter 13
09/05/2023 Do You Need to Finance a Car in Chapter 13? The last thing you want to do is get further into debt while you are in Chapter 13. (The goal of Chapter 13 is to get out of debt.) But sometimes you need to replace a broken down junker. So, you need ...[more]Creative Destruction in Small Business Bankruptcy
08/29/2023 Two distantly related items caught my eye this morning, as both reinforce the need for "creative destruction" as a response to all-too-common small business failure. ...[more]Nondebtor Releases and the Future of Mass Torts
08/18/2023 Certain members of the bankruptcy academy and bar seem to have their knickers in a twist over the Supreme Court’s grant of certiorari to review the nonconsensual nondebtor releases in Purdue. Conventional wisdom is that SCOTUS is going to find that ...[more]Unhappy Campers and Their Credit Cards
08/11/2023 This story about the failure of a company that ships duffel bags to/from sleep-away camps has an interesting payment systems meets bankruptcy angle that got me particularly excited given that I'm teaching payment systems this fall: ...[more]Treasury in the Red... with Yellow
08/02/2023 Freight company Yellow is on the verge of bankruptcy. It's not a company whose financial distress would normally stand out but for the fact that it received $700M in national security loans from the US Treasury in 2020, and, oh man, are taxpayers ...[more]Axos Bank--More Sketchiness?
07/27/2023 The Washington Post has a big piece up about Axos Bank being the lender-of-last-resort for Donald Trump . But those us who work in the consumer finance space, know of Axos as a notorious bank partner in rent-a-bank arrangements . ...[more]Consumer Law Scholars Conference--Call for Abstracts
07/14/2023 The Center for Consumer Law & Economic Justice at Berkeley Law has announced the call for abstracts for the 2024 Consumer Law Scholars Conference . Abstracts are due by September 8, 2023, for the conference scheduled for February 29-March 1, 2024. The ...[more]Supreme Court Finds Bankruptcy Code Abrogates Tribal Sovereign Immunity
06/16/2023 The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings. ...[more]The Puzzle of Diaspora Bonds: A Case Study of Israel's Program
06/15/2023 Many countries have attempted to tap their diasporas by issuing bonds. This has particularly been the case in times of dire need (wars, pandemics, international sanctions, financial crises, and more). Ukraine is the most recent to have attempted to do ...[more]SEC Coinbase Suit
06/08/2023 The SEC has finally brought its long-anticipated lawsuit against Coinbase. The suit alleges that Coinbase has operated as an unregistered securities broker, an unregistered securities exchange, and an unregistered securities clearing agency, and that it ...[more]Chapter 13 Payment Information
06/04/2023 Here’s How You Can Make Your Chapter 13 Payments in the Alexandria VA Bankruptcy Court The bankruptcy law tells you to make your first Chapter 13 payment one month after your bankruptcy case is filed. If you forget, or bounce, your first payment, the ...[more]June 7 virtual event on Second Circuit's Purdue Pharma decision
06/02/2023 The Commercial Law League of America is holding a virtual event next week, free of charge and open to all, on broader implications of the Second Circuit's Purdue Pharma decision. ...[more]Third-Party Releases Clearly Endorsed in the 2nd Circuit, At Long Last
05/31/2023 Yesterday's 2nd Circuit opinion reconfirming Purdue Pharma's settlement/restructuring plan is an enlightening read for those interested in third-party releases. ...[more]SEC Off-Channel Communications Sweep
05/25/2023 Over the last several years, the Securities and Exchange Commission (the “SEC”) and the Commodities Futures Trading Commission (“CFTC”) have been laser-focused on the use of so called “off-channel communications” in the financial services industry. On the ...[more]