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In Solvency
New Jersey Bankruptcy Judge Michael Kaplan on Bankruptcy Practice – Pragmatism, Feasibility, and the Realities of Chapter 11
By Agostino Zammiello, Joseph J. DiPasquale, Michael R. Herz
In Episode 22 of The Octus Download (available on Apple Podcasts, Spotify, Amazon Music), hosts Jason Sanjana and Kevin Eckhardt interviewed the Honorable Michael B. Kaplan, U.S. Bankruptcy Judge for…
The Bankruptcy Soap Box
Everyone gets $1M + bankruptcy exemption
By Cathy Moran
Bankruptcy exemptions vary from state to state, but everyone gets an exemption of ~$1.75 M for money in an IRA. It’s part of the Bankruptcy Code (section 522(n)) that applies…
Banking & Financial Services Industry Legal Blog
Preferential Transfers in Bankruptcy: What Creditors Need to Know
When a business files for bankruptcy, creditors expect to recover only a fraction of what they are owed. Yet the surprise for many creditors is not simply the loss of…
Delaware Bankruptcy Blog
Insider DIP Financing in Litigation-Only Estates: Insights from SPAC Recovery Co.
By Carl D. Neff
When a special purpose acquisition company burns through capital pursuing a failed deal, it often emerges from the wreckage with nothing but litigation claims. How, then, should a debtor with…
Charleston Bankruptcy Blog
The Best Interests of Creditors Test and Liquidation Analysis in Chapter 13 Bankruptcy
When you file for Chapter 13 bankruptcy in South Carolina, your repayment plan must pass several tests before the court will approve it. Two of the most important and often…
Delaware Bankruptcy Blog
How Far Can a Plan Injunction Reach? Delaware Weighs In on Gatekeeping
By Carl D. Neff
On August 21, 2025, Judge Craig T. Goldblatt of the United States Bankruptcy Court for the District of Delaware issued a significant ruling in In re AIO US, Inc. (the…
Family Law Prof Blog
Littwin et al.: “Bartenwerfer v. Buckley and Coerced Debt”
By Family Law
Angela Littwin (University of Texas at Austin School of Law), Adrienne Adams (Michigan State University), and Angie Kennedy (Michigan State University) have recently posted to SSRN their paper, Bartenwerfer v.…
Roberts Disability Law Blog
Ninth Circuit Confirms Settlement Agreement with Pension Fund Was a Non-Assignable “Financial Accommodation”
In In re Svenhard’s Swedish Bakery, No. 23-60045, —F.4th—-, 2025 WL 2627837 (9th Cir. Sept. 12, 2025), the Ninth Circuit Court of Appeals addressed whether a bankrupt employer could assume…
Restructuring Globalview
Should Miller be Set Aside? Observations from a Recent U.S. Supreme Court Decision Regarding a Trustee’s Power to Set Aside Fraudulent Transfers
The U.S. Supreme Court recently decided United States v. Miller, which resolved a circuit split over whether a trustee could avoid federal tax payments under section 544(b) of the United…
The CLS Blue Sky Blog
Bankruptcy’s Turn to Market Value
By Mark J. Roe, Michael Simkovic
Chapter 11 was widely seen as a failure in the first decade of the Bankruptcy Code’s operation, the 1980s. Large firms were mired in bankruptcy for years; the process was seen…