Join Today and Benefit Daily from ABI's 35+ Years of Insolvency Expertise.
Join Today!
Help Center


Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says

Courts are split on the status of inherited claims as estate property.

Third-Party Releases Are Permissible in Theory, Minneapolis Judge Says

Judge issues a tongue-lashing for a three-year reorganization that rewards lawyers but pays nothing so far to sexual abuse claimants.

Bankruptcy Settlement Provided No Protection from Criminal Forfeiture

Criminal forfeiture and bankruptcy protect different interests, district judge says.

Substantive Consolidation with Non-Bankrupt Religious Institutions Barred by Section 303(a)

Substantive consolidation and involuntary bankruptcy are equivalent, district judge holds.

Section 303(a) Precludes Substantive Consolidation Among Religious Institutions

Pleading hierarchical control is insufficient for substantive consolidation.

Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions

Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.

Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit

Petters bankruptcy spawns another monumental Ponzi scheme opinion.

Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13

To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.

An Inherited Home Can Be Covered by the Homestead Exemption

Exemptions are not always fixed on the date of filing.

Varying Standards on Informal Claims Beg for Resolution in the Supreme Court

Same facts on informal proofs of claim yield different results in different circuits.