Dec 28 - Judges should temper their negative comments about BAPCPA in judicial opinions because it otherwise suggests an adversarial relationship between the judiciary and Congress.

Dec 21 - Hedge funds should be subject to more oversight by the SEC and other regulators.

Dec 07 - An attorney’s work performed pro bono cannot expose them to liability under BAPCPA because the statute says services must be performed for valuable consideration.

Nov 30 - The takeover of the U.S. Congress by the Democrats means that BAPCPA will be amended.

Nov 16 - A party may not recover attorney fees pursuant to a contract or state statute where the issues involve Federal bankruptcy law because only Federal law may authorize such a recovery. (Travelers Casualty v. PG&E; 9th Cir)

Nov 09 - Above-median income debtors in Chapter 13 repayment plans cannot deduct charitable contributions when calculating their disposable income under the means test.

Nov 02 - After BAPCPA, the right of reclamation under section 546(c) is now exclusive a matter of Federal law, rather than a combination of Federal and state law.

Oct 19 - A bankruptcy court has the authority to enjoin a union-endorsed strike at the debtor’s place of business.

Oct 12 - A bankruptcy court, after BAPCPA, may consider post-petition events such as a rise in debtor income, in deciding whether to dismiss or convert a Ch 7 case for abuse. (In re Cortez).

Oct 05 - A claim is subject to equitable subordination or total disallowance under section 502, even if it is assigned to a third-party transferee who was not involved in any misconduct committed by the original holder of the debt. (In re Enron)

Sep 28 - Congress' intent in BAPCPA's anti-cramdown amendment was to protect creditors with purchase money security interests and therefore does not extend protection to non-purchase money security interests.

Sep 21 - Section 1233 of BAPCPA, which permits a direct appeal from the bankruptcy court to the court of appeals if both courts agree that it should be appealed, is inapplicable to bankruptcy proceedings filed before its effective date.

Sep 14 - Oversecured creditors may not recover attorneys' fees.

Sep 07 - When deciding whether to dismiss a case for substantial abuse under Code section 707(b), a bankruptcy court should consider postpetition events.

Aug 31 - The new trend of “incentive bonus” payments to executives in Ch. 11 companies are a thinly-veiled end run around new section 503(c) and should thus be proscribed.

Aug 24 - A bankruptcy petition preparer operating in another state who emails a debtor “emergency bankruptcy documents” including a petition, application to pay filing fee in installments and a sample creditor matrix is guilty of UPL.

Aug 17 - A federal crop disaster relief payment received for pre-petition losses under legislation enacted post-petition is NOT property of the estate.

Aug 10 - A damages claim for defense costs against a debtor attorney arising from sanctions under Rule 11 and 28 USC 1927 is appropriately nondischargeable under 523(a)(6).

Aug 03 - Public company filings dropped last year to levels not seen since 1996. But corporate bankruptcies will be up in 2007 due to a shakeup of many highly leveraged transactions over the last several years.

Jul 27 - Legal fees remaining unpaid post-discharge in Chapter 13 must be paid by the debtor and are not discharged, even though the confirmed plan provides that fees can be paid directly by the debtor.

Jul 20 - Supporters of BAPCPA can validly claim that the law is working as intended because new filings are now at their lowest levels since the mid-1980’s.

Jul 13 - The new federal rule of appellate procedure (32.1) allowing citation to unpublished opinions (as long as the opinion is attached to the legal document in which you cite it) is a welcome development.

Jul 06 - A debtor who receives a discharge cannot recover on a previously undisclosed tort claim; rather the claim belongs to the trustee for the benefit of creditors.

Jun 29 - Creditors have a right to proceed in forma pauperis in an adversary proceeding pursuant to 28 USC 1915(a), which provides that any court of the US may authorize any proceeding by a person who is unable to pay the filing fee.

Jun 22 - The ability of corporate debtors to shed their defined benefit pension plans onto the PBGC is an abuse of the bankruptcy system.

Jun 15 - Chapter 11 debtors should be permitted to grant attorneys a security interest in their cash assets as a part of the retention agreement.

Jun 08 - One solution to the PBGC’s deficit is to mandate a special levy on consumer goods within ailing industries such as airlines and autos (e.g. a $1/ticket fee earmarked for a PBGC insurance fund against future airline pension terminations.

May 25 - Court-ordered information-sharing protocols like the one established in Refco and Calpine are the solution to concerns over BAPCPA’s committee disclosure requirements.

May 18 - Six months into the new bankruptcy law, the impact on your practice has been:

May 11 - A Ch. 11 reorganization plan that proposes to disallow punitive damage claims across the board violates the best interests test under sec. 1129(a)(7).

Apr 27 - Companies operating under Chapter 11 protection enjoy an unfair competitive advantage.

Apr 16 - Some judges have entered general orders that no consumer case will be "deemed dismissed" under section 521(i) simply based on missing or late filed documents 45 days after filing. Can a court issue such an order?

Mar 30 - Utilities under the new Sec 366(c(2) have an implied obligation to negotiate with debtors in good faith before electing to discontinue service.

Mar 16 - Providing bonuses to Chapter 11 debtors’ executives who reach certain incentives is an effective tool to avoid the new limits on KERPs in BAPCPA.

Mar 02 - Increasing the minimum payment on credit cards to up to 4% of the balance due will help consumers pay down debt more quickly.

Feb 23 - Notwithstanding claims of a right of derivative standing, there is nothing in the Code that authorizes creditors to settle claims belonging to the estate.

Feb 02 - The preference provisions of state assignment for the benefit of creditor statutes that mirror section 547 of the Code should be pre-empted.

Jan 26 - A borrower’s use of second lien financing makes it harder to reorganize that borrower in chapter 11.

Jan 19 - Congress intended the means test to be the only test of consumers' ability to pay under the new Code [(707(b)]; thus "bad faith" and "totality of the circumstances" [707(c)] no longer authorize judges to define the debtor's ability to pay.

Jan 13 - The new bankruptcy law will cause a dramatic drop (more than 15% from 2005 historic highs) in consumer bankruptcies during 2006.

Jan 05 - The new bankruptcy law is forcing Ch. 11 debtors to turn to CRO’s, hired chiefly to arrange a sale of the business.

Dec 29 - Notwithstanding the changes made by BAPCPA to Ch 13, there are still good reasons for debtors to file under Ch 13.

Dec 15 - The restrictions placed on the consumer debtor's ability to cram down undersecured liens, found in revised section 506(a) will likely result in the debtor's surrender of personal property.

Dec 08 - Substantive consolidation is a remedy that should be invoked sparingly and under very narrow circumstances.

Dec 01 - Bankruptcy courts should take a more active role in regulating the trading of claims and stock isseed by debtor companies.

Nov 17 - The biggest cause in rising consumer bankruptcies is

Nov 14 - The biggest problem facing the auto industry is:

Oct 27 - Who will win the World Series?

Oct 20 - Which of the following new provisions will have the biggest impact on the debtor’s cash needs?

Sep 29 - Congress should delay the October 17 effective date of the new law for those states affected by Hurricane Katrina.

Sep 01 - A party who alleges fraudulent transfers must plead with particularity, without regard to whether the allegation is of actual or constructive fraud.

Aug 18 - Under the “excusable neglect” rule, a client is properly held accountable for the acts and omissions of its attorney.

Aug 11 - Under the new bankruptcy law signed in April, the so-called “fourth option” of ride-through for a debtor’s secured personal property is not permitted.

Jul 28 - A creditor’s agreement to assign its right to vote on a plan of reorganization is not enforceable

Jul 07 - The new bankruptcy law will have the following impact on consumer debtors’ attorneys fees:

Jun 30 - An insurer’s claim for unpaid workers’ compensation insurance premiums is entitled to priority as a claim for contributions to an “employee benefit” plan.

Jun 23 - Preference actions should not be permitted in administratively insolvent cases.

Jun 16 - The new preference provision (a) requiring actions involving less than $10,000 to be brought in the district wehre the defendant is located and (b) expanding the affirmative defenses will reduce unnecessary litigation.

Jun 09 - ‘Deepening Insolvency’ should be recognized as a separate federal cause of action against directors and officers.

May 26 - Who will win the NBA Championship?

May 19 - The passage of the new law will have what effect on fees paid by individual debtors in chapter 7 cases?

May 05 - Now that the new law is on its way, to what extent do you believe that bankruptcy filings will increase during the six months before the act becomes generally effective as compared to the same six months in 2004?

Apr 21 - Paying prepetition creditors as “critical vendors” pursuant to 11 U.S.C. §105 should not be permitted.

Apr 13 - Congress should amend §365(c)(1)(A) to permit a debtor/licensee to assume a non-exclusive patent license without the licensor’s consent.

Feb 24 - Chapter 11 provides an appropriate vehicle for liquidating assets in administratively insolvent cases.

Feb 17 - An analyst recently opined that US Airways would liquidate before the end of the year. Do you:

Feb 10 - After the 3rd Circuit’s ruling in Combustion Engineering, pre-packs are not appropriate for use in asbestos cases.

Feb 07 - Who will win the Superbowl this year?

Jan 20 - Relief from the stay should be denied when a chapter 13 would fail if relief is granted, thus harming other creditors.

Jan 13 - To earn a contingent fee, the retention agreement must be expressly pre-approved under §328 and be reasonable in retrospect.

Dec 23 - Dissolution of a creditors’ committee through a confirmed plan moots any pending committee appeal.

Dec 16 - Upward fee adjustments are proper only when estate creditors are paid in full.

Dec 02 - All mortgage loans modified under §506(a) and 1322(b)(2) must be paid in full within the 3 to 5 year limits found in §1322(d), notwithstanding the “cure and maintain” provisions of §1322(b)(5).

Nov 18 - The results of the 2004 election make it more likely that the bankruptcy bill will finally become law.

Nov 11 - Florida was hit hard by four hurricanes during August and Sept. What impact will this have on total Fla. bankruptcy filings in 2005?

Nov 03 - Who will win the Presidential election?

Oct 28 - A judgment in a sexual harassment suit, even if entered by default, is non-dischargeable under the “willful and malicious injury” test under §523(a)(6) as a matter of law.

Oct 07 - Because the federal Defense of Marriage Act defines “spouse” as a person of the opposite sex who is a husband or wife, bankruptcy courts have no authority, under section 302, to permit a joint filing by same-sex couples.

Sep 30 - Prof. Lynn LoPucki testified before Congress recently that bankruptcy courts “compete” for large cases by issuing rulings favorable to corporate debtors and debtor counsel. Do you agree?

Sep 23 - Current and projected liabilities of the PBGC will result in the need for a bailout by Congress.

Sep 09 - Bankruptcy judges lack the power to unilaterally disbar an attorney from practicing before the bankruptcy courts in the district.

Aug 26 - Private school tuition is not a reasonably necessary expense in the chapter 13 confirmation context.

Aug 19 - Bankruptcy courts have the equitable discretion to retroactively approve post-petition financing even if not previously authorized by the court.

Aug 05 - A new bill introduced by Sen. Chris Dodd (D-CT) would forbid credit card use by those under 21, unless the card is co-signed by a parent or guardian, the borrower demonstrates an independent ability to repay, or certifies prior completion of a credit...

Jul 29 - The filing by the Portland Archdiocese lacks a valid “good faith” reorganization purpose and consequently should be dismissed by the court for cause.

Jul 15 - The reference in section 362(h) to “actual damages” should be limited to economic damages and not other damages such as emotional distress.

Jul 08 - “Success fees” payable to a committee’s financial advisors should be payable only from funds that would be distributed to the committee’s constituency, rather than from the entire pool of estate assets.

Jun 17 - A bankruptcy petition preparer who interprets terms such as “market value” or “secured claim or exemption” when completing schedules is engaged in the unauthorized practice of law.

May 27 - Fee committees (made up of representatives of the debtor, creditor and UST) are better than either a fee auditor or the judge alone at reviewing professional fees in large cases.

May 20 - The 7th Circuit opinion in Qualitech Steel, holding that a lessee's rights under sec. 365(h) are not avoidable when there is a sale free and clear under sec 363(f) is likely to be followed by other courts.

May 06 - How often are you likely to visit the new ABI World?

Apr 29 - In evaluating a debtor's request to reject a labor contract under Sec. 1113, the term "necessary modification" means what is essential to avoid liquidation,rather than necessary to reorganize successfully

Apr 15 - Bid protections such as breakup fees for stalking horses are not authorized by the Code and should not be permitted.

Mar 22 - Who will win the 2004 NCAA basketball tournament?

Mar 15 - After this week’s argument in Hood, the Supreme Court is likely to fashion a ruling that only impacts discharge issues and the states, allowing these to continue while preserving immunity from suit in other matters involving the states.

Mar 09 - The “zone of insolvency” doctrine requiring boards to prefer the interests of creditors as bankruptcy approaches does NOT apply to non-profits like health care providers.

Mar 01 - Given the Supreme Court’s strict interpretation of “plain meaning” when considering statutory construction, it is likely that the “doctrine of necessity” will be ruled unauthorized by the Code.

Feb 23 - Courts too easily permit companies to cut retiree health benefits under section 1114 of the Code.

Feb 12 - Given the press of other legislative business in an election year, the bankruptcy bill (HR 975) will not pass this year.

Feb 02 - Consumer bankruptcy filings will rise again to a new record level in 2004.

Dec 29 - Despite recovery in some industries, business bankruptcies will rise in 2004.

Dec 22 - PG&E will successfully reorganize under Chapter 11.

Dec 15 - Congress should enact laws to make uniform laws governing the practices of consumer credit counseling agencies.

Dec 08 - Section 108 of the Code tolls the statute of limitations for claims for relief that are prevented by the stay.

Dec 01 - Federal law should pre-empt state laws on "predatory lending".

Nov 24 - Bankruptcy courts can award fees to Ch. 7 debtor counsel under section 330(a)(1) even without express authority.

Nov 17 - “Section 1325 permits secured creditors only the time value of money, expressed in the T-bill rate, as the appropriate discount rate, rather than a contract rate of interest.” (Till v. SCS Credit).

Nov 10 - Directors and officers of closely held corporations owe a duty of care to creditors.

Nov 03 - Directors and officers of closely held corporations owe a duty of care to creditors.

Oct 27 - Where the debtor or its principals’ conduct injures the company and forms the basis for claims against third parties, only creditors (and not the trustee) have standing to prosecute.

Oct 20 - Chapter 13 eligibility should be expanded beyond sole proprietorships to include small family operating businesses, even if organized as partnerships or LLC’s.

Oct 13 - Topping fees and expense reimbursement clauses are always appropriate in structuring section 363 sales.

Oct 06 - The PwC midyear review of public company bankruptcies projects that 2003 will end up with the smallest number of cases since 2000. Is the large case bankruptcy boom over?

Sep 29 - The disclosures required by the Sarbanes-Oxley Act will be effective in improving transparency and accountability in corporate governance.

Sep 22 - Public regulators should give approval before a business in a heaviley regulated industry is permitted to reorganize

Sep 15 - The ability of large Ch. 11 debtors to shed debt, reject contracts and get favorable tax treatment provides an undue benefit.

Sep 08 - A large part of the increase in consumer bankruptcies in recent years results from a reduced sense of stigma or shame.

Sep 01 - Motor vehicle debts incurred within 30 months of filing should not be permitted to be bifurcated in Ch. 13 (H.R. 975).

Aug 25 - The bankruptcy bill’s proposal to require credit counseling as a condition for an individual being eligible to file is unnecessary.

Aug 18 - The “willful and malicious injury” exception to discharge in section 523 (a)(6), as interpreted by the courts, is too difficult for creditors to meet.

Aug 11 - Last year, the PBGC had a surplus of $7.7 billion; today, after numerous plan terminations it has a deficit of $5.4 billion and faces declining incomes from healthy companies. How likely is it that U.S. taxpayers will be asked to bail out the agency?

Aug 04 - A bankruptcy court should not be bound by the decision of a single district court judge in a multi-judge district.

Jul 28 - Who will win the NBA Championship?

Jul 21 - In many cases, courts are ill-equipped to make a good faith finding when approving an asset sale under section 363, because the parties do not develop a complete evidentiary record.

Jul 14 - The “undue hardship” standard now used to determine the dischargeability of student loans creates too much variety in results.

Jul 07 - The “undue hardship” standard now used to determine the dischargeability of student loans creates too much variety in results.

Jun 30 - The trustee fee for no-asset Ch 7 cases should be raised from $60, even if it means a similar hike in the filing fee.

Jun 23 - When considering whether an executory contract can be assumed by the debtor, the section 365 phrase "may not assume or assign" should be interpreted to mean "may not assume and assign".

Jun 16 - "Curing" outstanding defaults under a breached contract requires payment of interest at the default rate as well as any late fees.

Jun 09 - Last week’s District Court decision in Kmart denying any right to make pre-plan payments to “critical vendors” will be overturned by the 7th Circuit.

Jun 02 - The Ch. 13 trustee should be immune from suits based on negligent administration.

May 26 - Who will win this year's NCAA basketball tournament?

May 19 - The Bankruptcy Code should be amended to eliminate preference exposure when a debt is paid within specified credit terms.

May 12 - A recent forecast of business bankruptcies for 2003 predicts that a protracted war (13-26 weeks) will result in a severe decline in the travel sector (airlines, lodging). Do you agree?

May 05 - Debtor-tenants in Ch.11 should be required to pay rent according to when the obligation is actually payable, vs. when it is accrued (proration rather than performance rule).

Apr 28 - The bankruptcy reform bill has been reintroduced, without the Schumer amendment. What are the bill's chances of enactment this time around?

Apr 21 - Should carve-outs be defined in the Bankruptcy Code?

Apr 14 - The preference statute should be amended to require evidence of the creditor's knowledge of the debtor's insolvency.

Apr 07 - The Bankruptcy court’s equity power should extend to authorize retroactive employment of counsel.

Mar 31 - The Supreme Court ruled 8-1 Monday that the FCC violated the Bankruptcy Code when it cancelled NextWave's licenses due to nonpayment. Was the case correctly decided?

Mar 24 - US Airways is urging Congress to let the airline pay its $3 billion pension liability over 30 years as opposed to 7, as an essential element of its reorganization strategy. The PBGC opposes the plan as unfair to other ....

Mar 17 - Charitable contributions to bona fide religious institutions are protected by the "free exercise" of religious views and thus should not be subject to a trustee's power to avoid fraudulent transfers.

Mar 10 - The "willful and malicious" standard of 11 U.S.C. 523(a)(6) should be amended to except reckless conduct from discharge.

Mar 03 - Will United Airlines successfully reorganize in Chapter 11?

Feb 24 - The Catholic archdiocese of Boston is considering a bankruptcy filing to help deal with about 450 state court claims of sexual abuse by priests. Would such a filing be an appropriate use of bankruptcy?

Feb 17 - Bankruptcy filings for the 3rd quarter of this year set an all-time mark for a three month period, ensuring that total filings in 2002 will surpass the previous calendar year record set just last year. In 2003, bankruptcy filings will:

Feb 10 - Bankruptcy courts are too permissive in allowing Chapter 11 debtors to continue pre-petition cash management systems.

Feb 03 - Congress should amend 11 U.S.C. 330 to explicitly provide for the compensation of debtor attorneys.

Jan 27 - The death of Sen. Wellstone, an ardent opponent of the bankruptcy bill, will have the following impact on the upcoming lame duck session:

Jan 20 - Bankruptcy courts should do more to deter abusive serial Chapter 13 filings.

Jan 13 - Bankruptcy courts are too liberal in the application of the "critical vendor" doctrine which permits Ch. 11 debtors to pay certain pre-petition creditors.

Jan 06 - The Senate has held its first hearing on the asbestos litigation crisis that has bankrupted nearly 50 companies to date. Should Congress pass a comprehensive bill dealing with mass tort claims in bankruptcy?

Dec 30 - Will a war with Iraq have an impact on bankruptcy filings?

Dec 23 - The pending bankruptcy reform bill strikes the requirement that investment bankers be "disinterested". Is this a good policy change?

Dec 16 - Courts should impose stringent requirements before awarding breakup or topping fees to stalking horse bidders in 363 sales.

Dec 09 - A new bill introduced in Congress would limit retention bonuses, severance pay and similar payments to executives and turnaround professionals in bankrupt companies. It also raises the cap on wage priority claims to $13,500, subordinates secured creditor

Dec 02 - On July 26, the bankruptcy bill conference report was finally approved by House-Senate conferees but pulled from the House calendar when concerns were raised by pro-life House members over section 330 of the bill. House leaders vow to bring it back for di

Nov 25 - Professional fee examiners serve a valuable purpose in large Chapter 11 cases.

Nov 18 - Congress is moving to pass a legislative package responding to recent financial and accounting scandals. Included are enhanced criminal penalties for white-collar crime, limits on audit firms providing other consulting services, and a prohibition on the d

Nov 11 - U.S. Trustees serve at the pleasure of the Attorney General and thus should expect to be replaced with the change in political administration.

Nov 04 - A Ch. 11 debtor should be permitted to indemnify an investment banker for losses arising from ordinary negligence.

Oct 28 - When a bankruptcy estate is administratively insolvent, estate fiduciaries should be allowed to nevertheless file preference actions (to provide some solvency for administrative expenses):

Oct 21 - Post-petition lenders frequently seek to have their pre-petition debts included in post-petition liens. Courts often strike such attempts. Courts should allow such cross-collateralization:

Oct 14 - Post-petition lenders frequently seek to have their pre-petition debts included in post-petition liens. Courts often strike such attempts. Courts should allow such cross-collateralization:

Oct 07 - Sen. Schumer and Rep. Hyde are negotiating a resolution to the dispute over abortion clinics that has held up the bankruptcy bill conference report. What do you think the chances are they'll reach an agreement?

Sep 30 - The interests of small, pre-petition creditors in Ch. 11 cases without a creditor's committee are now poorly served.

Sep 23 - The final major issue to resolve in the bankruptcy bill conference is the Schumer rider on abortion clinics. Should the Senate insist on maintaining the Schumer amendment as passed by the Senate?

Sep 16 - Now that the homestead issue has been resolved, the bankruptcy bill is likely to become law this year.

Sep 09 - The U.S. Trustee Office for Delaware has filed objections to requests by debtors who want to retain accountants to perform multiple roles (e.g. auditor, accountant, tax or restructuring advisor). Such objections:

Sep 02 - A new study claims that large Ch. 11 cases filed in Delaware or S.D.N.Y fail post-confirmation at a higher rate than cases filed elsewhere. It blames debtor-oriented processes in these courts. Do You:

Aug 26 - In the wake of the Enron filing, Congress is considering a variety of major steps to protect worker retirement savings. The results are likely to:

Aug 19 - Who will win this year's NCAA basketball tournament?

Aug 12 - Should contributions to a debtor's retirement accounts be considered reasonably necessary for the maintenance and support of the debtor under section 1325(b)(2)(B)?

Aug 05 - The Bankruptcy Rules Committee of the Judicial Conference has recommended a change to Rule 1005 to limit the disclosure of social security numbers by requiring only the last 4 digits in the title of the case. Do you support this rule change, designed to p

Jul 29 - Section 912 of the pending legislation creates a safe harbor from bankruptcy for certain borrowing transactions that are recast as sales and structured in a securitized SPV (see full coverage of the issue under "What´s New"). In your opinion, this provisi

Jul 22 - Professional firms providing financial advisory services in chapter 11 cases (e.g. real estate consultants, investment bankers, etc) should be compensated using the same lodestar method applied to attorneys.

Jul 15 - Customers wanted a committee in the PG&E case; employees now want a committee in Enron. Such special interest committees are:

Jul 08 - Mainstream media coverage of the Enron bankruptcy and related events has mainly been:

Jul 01 - Bankruptcy filing levels during 2002 will:

Jun 24 - The bankruptcy court in New York on Friday declared a motion to shift venue in the Enron case to houston, finding NY is the more economic and convenient forum for those who will be involved in Enron´s effort to reorganize (opinion available on the homepag

Jun 17 - Bankruptcy Court hearings via telephone and video conferencing are:

Jun 10 - Fraud by consumer debtors in bankruptcy cases, in my experience, is:

Jun 03 - Should an avoidance action (such as a preference claim) be assignable?

May 27 - Premiums, bonuses and fee enhancements to professionals in Ch. 11 should be permitted ONLY in full payment cases.

May 20 - Creditors in consumer cases should be permitted to bring motions to dismiss under section 707(b):

May 13 - The use of "pay to stay" executive bonuses in liquidating Ch. 11 tech cases should be prohibited.

May 06 - Should Congress make exemptions uniform for all 50 states by eliminating the opt out provision in the Code?

Apr 29 - In the past year, several bankruptcy judges have been denied reappointment. In your opinion:

Apr 22 - The top reason why Delaware is the preferred venue for mega Ch. 11 cases:

Apr 15 - Which industry sector will be the most adversely affected by the events of Sept. 11?

Apr 08 - Will bankruptcy reform be enacted into law this year?