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…
Virtual NAGTRI/SABA Bankruptcy Seminar: Bankruptcy from a Governmental Perspective
NAGTRI’s Annual Bankruptcy Seminar includes segments catering to everyone from bankruptcy novices learning the basics to the pros in the office with a wealth of experience looking to discuss the latest hot topics. The sessions are presented by a mix of experienced government counsel, private counsel and professors, and judges who have been handling those…
Insurance in the Time of COVID-19
The unprecedented effects of the COVID-19 virus have left the states, like others, with many unexpected expenses coupled with downturns in revenues. An immediate question is whether there are insurance policies that would provide any compensation for those effects. As states make decisions on reopening facilities, are there any liabilities that they may face from…
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 Endorse Bankruptcy Venue Reform Act of 2019
Corporations, however, can file in any district in which they are incorporated, have their principal place of business or principal assets – or in any district where an affiliated entity, no matter how small or recently created, has filed bankruptcy using any of these provisions.
Supreme Court Cases on Bankruptcy (2018)
This course discusses several Supreme Court on bankruptcy and tax issues from the 2018 term. It covers the holdings, how they will be applied, and what effect they will have on the states going forward. These cases include: Franchise Tax Board of Ca. v. Hyatt (No. 17-1299), Mission Product Holdings Inc. v. Tempnology, LLC (No. 17-1657), Taggart v. Lorenzen (No. 18-489), and Obduskey v. McCarthy & Holthus LLP (No. 17-1307).