A Multifaceted Look at Bankruptcy

Features

Courts & Judiciary

Not So Black and White: The Shades of Gray of Relief for Student Loan Borrowers

By Judge Elizabeth L. Gunn and Joy D. Kleisinger

The status of student loan relief options is undoubtedly complex. Without additional congressional legislative action with respect to the intersection of student loans and bankruptcy, the situation for student loan borrowers will continue to be gray.

Courts & Judiciary

Debt-Free Bankruptcy: The Pros and Cons of Litigating Mass Tort Litigation through Bankruptcy

By Leah A. O’Farrell

The bankruptcy system has been used as an effective tool for sorting through mass tort litigation for decades. Recent high-profile cases show what works and what does not work when employing the bankruptcy system to handle mass tort litigation.

Courts & Judiciary

How a 176-Year-Old Boston Newspaper Ended Up Filing for Bankruptcy in Wilmington, Delaware: A Venue Story

By Judge Frank J. Bailey (Ret.)

An iconic Boston newspaper, integral to the daily lives of many Bostonians for years, was adjudicated in Delaware. This story is one that has been repeated again and again - major bankruptcy litigation has moved inexorably toward a few jurisdictions.

Courts & Judiciary

Interplay between Bankruptcy and State Courts: Concurrent Jurisdictions

By Judge Stephanie Domitrovich

Throughout the years, Trial Judge Domitrovich and Bankruptcy Judge Bentz collaborated on cases involving bankruptcy, providing a strong example of concurrent jurisdiction between their two courts and avoiding delays by simply communicating.

Courts & Judiciary

Were We Too Stern? The Parallel Narratives of Bankruptcy and Popular Culture

By Alexandra Klindienst

The estate of billionaire J. Howard Marshall was the subject of decades of litigation, twice reaching the U.S. Supreme Court due in part to the fame of the litigants. Stern v. Marshall garnered significant attention as a “bombshell" case.

Courts & Judiciary

It Is Way Past Time to Allow Bankruptcy Judges to Use Court-Appointed “Masters”

By Merril Hirsh and Sylvia Mayer

For decades, bankruptcy judges have been limited in their use of courtappointed neutrals, depriving them of a valuable tool that other federal judges benefit from.

Courts & Judiciary

Saving the Stakeholders

By David A. Mawhinney

Ridesharing disrupted Haitian cab driver Ernst Mesidor’s life. Reorganizing under Subchapter V of the Bankruptcy Code restored it.

Diversity & Inclusion

The National Conference of Bankruptcy Judges and the U.S. Courts Are Focusing on Diversity in the Bankruptcy Bar and Bench

By Judge Sandra R. Klein

In 2021, the National Conference of Bankruptcy Judges partnered with the Just the Beginning Foundation to offer law students from underrepresented socioeconomic, ethnic, and cultural backgrounds legal career opportunities.

Courts & Judiciary

Pro Bono Appellate Practice: Good Job for a Retired Bankruptcy Judge?

By Judge Eugene R. Wedoff (Ret.)

Retired bankruptcy judges have the experience and the financial resources to work on bankruptcy appeals without charging a fee. Though pro bono appellate practice can present difficulties, it benefits both the clients and the bankruptcy system.

Technology Column

Courts & Judiciary

Text Messaging—The Digital Evidence Revolution

By Judge Herbert B. Dixon Jr. (Ret.)

Text messaging technology has become a dominant form of communication and a frequent evidentiary issue in court proceedings. Judge Dixon discusses the power of text message evidence and its misuse and admissibility.

Judicial Ethics Column

Ethics

Ethics for Bankruptcy Judges

By Marla N. Greenstein

Bankruptcy judges may face more unique ethical issues than other judges, including awareness of the use of a trustee, the statute requiring criminal referrals, and the nature of other court proceedings.

Renew Your ABA Membership

A Multifaceted Look at Bankruptcy