Bankruptcy Research Library 2020

No. 1   Transfer of Real Estate Title May be Avoided as a Preference in Certain Jurisdictions


No. 2   The High Burden a “Minimal Standard of Living” under the First Prong of the Brunner Test


No. 3   SDNY Bankruptcy Judges have Differing Views on a Bankruptcy Court’s Jurisdiction to Issue Third-Party Releases


No. 4   Inconsistent Standards to Approve a Settlement Under Rule 9019


No. 5   The In Pari Delicto Defense May Bar Trustees That Bring Claims Which Are Property of the Estate Under 11 U.S.C. § 541(a)


No. 6   Intangible Property Can Satisfy the Debtor Eligibility Requirement Under Section 109(a)


No. 7   Trademarks are “Intellectual Property” Under Bankruptcy Code Section 365(n)


No. 8   The Two Approaches to Center of Main Interest Timing Determination


No. 9   Discharging Student Loan Debt Under Brunner: Interpreting the Second Prong’s “Additional Circumstances” Requirement


No. 10 Pleading Fraudulent Conveyances: Federal Vs. New York State Requirements


No. 11 The Brunner Test Imposes a High Burden to Discharge student Loan Debt


No. 12 A District Court may not Enjoin Third-Party Claims Against Insurers in a Securities-Fraud Receivership without Alternative Compensation Scheme


No. 13 Relief Afforded to Debtor Clients Harmed by a Bankruptcy Petition Preparer’s Fraudulent, Unfair, or Deceptive Conduct


No. 14 The Objective Standard for Holding a Creditor in Civil Contempt for Violating Discharge Order


No. 15 Circuit Courts Interpret the Section 1123(a)(4) Equal Treatment Rule


No. 16 The Scope and Retroactivity of the Honoring American Veterans in Extreme Need “Haven” Act in Chapter 7 and Chapter 13 Bankruptcy Cases


No. 17 Center of Main Interest for Members of a Group of Companies


No. 18 Exempt Assets May Not be Considered When Determining if Student Loan Should be Discharged


No. 19 Luxurious Lifestyles Alone May Not Constitute a Lack of Good Faith under the Bankruptcy Code


No. 20 Creditors are Unable to Directly Assert Claims for Breach of Fiduciary Duty or Fraudulent Transfer Against Another Creditor When the Debtor is in Bankruptcy


No. 21 Domestic Support Obligation Not Necessarily a First Priority Claim


No. 22 Bankruptcy Courts are Largely Unavailable to Cannabis-Related Debtors but not Off Limits.


No. 23 A Bankruptcy Court’s Authority to Find an Implicit Waiver of a Debtor’s Rights Under a Chapter 11 Reorganization Plan


No. 24 The Enforceability of Arbitration Agreements in Bankruptcy Throughout the United States


No. 25 The Standards the Court Uses to Determine the Priority of a Party’s Entitlement to Dividends in a Bankruptcy Proceeding


No. 26 Pension Trusts Should Not be Considered Business Trusts for the Purpose of § 109 of The Bankruptcy Code and Thus Not Eligible to be a Debtor Under the Bankruptcy Code


No. 27 Collusive Bidding on a Debtor’s Asset: A Question of Fairness


No. 28 Creditors Can Recover Post-Petition Interest by Incorporating Original Agreement into the Plan of Reorganization by Referencing a Specific Clause in the Original Agreement.


No. 29 Circuit Split as to Whether Rejection of Power Purchasing Agreements are Subject to Bankruptcy Court or FERC Jurisdiction