Bankruptcy 101: An Introduction to Dealing with Parties Who Just Can’t/Won’t Pay
You may never have thought of yourself as needing to learn bankruptcy law, but if you work on any issue that involves making someone do something they don’t want to do or pay money they don’t want to pay, you need to know about bankruptcy law. This includes: Enforcing consumer or environmental protection laws. Collecting…
NAAG Endorses Bankruptcy Venue Reform Act of 2021
We support H.R. 4193, and S. 2827, the Bankruptcy Venue Reform Act of 2021.
Bipartisan Coalition of Attorneys General Support Bankruptcy Venue Reform Act
Washington, D.C. — The National Association of Attorneys General (NAAG) today sent a letter to Congress signed by 43 attorneys general in support of the Bankruptcy Venue Reform Act of 2021. The bipartisan legislation would end “forum shopping” and prevent corporations from choosing to file for bankruptcy in whichever district is believed to be more…
The Continuing Saga of Medical and Recreational Marijuana Under the Bankruptcy Code
In March 2016, an article appeared in the “Affairs of State” column of the American Bankruptcy Institute Journal that discussed the quandary of medical marijuana in the context of banking and cannabis dispensaries’ need for banking services during a bankruptcy case.1 Since then, the legalization of medicinal and recreational marijuana has expanded significantly with several…
Bankruptcy 101 Course
This course covers some basic bankruptcy law concepts like claims, the bar date, and property of the estate, but focuses primarily on the automatic stay and the discharge injunction.
Supreme Court Allows Creditors to Retain Assets Lawfully Seized Prior to Bankruptcy
The Bankruptcy Code (title 11 of the United States Code) provides numerous protections for debtors when they file a bankruptcy petition. Those protections include an automatic stay of “any act to obtain possession of . . . or to exercise control over property of the estate.” §362(a)(3). Section 542(a) of the Code states that a…
Attorneys General Support Bankruptcy Venue Reform Act of 2019
Washington, D.C. — The National Association of Attorneys General (NAAG) sent a letter to members of Congress voicing support of the Bankruptcy Venue Reform Act of 2019 (H.R. 4421). The legislation will prevent a corporation from filing for bankruptcy in a district that it believes would be more favorable on issues to the debtor’s advantage—a practice…
Read My Lips: No New Fees | Recognizing and Recovering “Tax” Claims in Bankruptcy Cases
While the U.S. Supreme Court and various circuit courts have tried to provide guidance on how best to determine whether a particular obligation owed to a government entity is a "tax," "fee," "penalty," or a simple contract debt, clarity on the subject remains lacking. This article aims to offer more clarity and ensure governments that find themselves in bankruptcy cases can avoid state losses.
