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The Monitor 100 launch occurred 13 years after the enactment of the Bankruptcy Code of 1978, a historic overhaul of the Bankruptcy Act of 1898. The 1978 reforms established separate bankruptcy courts with sweeping powers. Previously, district courts had handled... read more

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The 9th U.S. Circuit Court of Appeals has issued a ruling on whether amendments to the bankruptcy code in 2005, when the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) became effective, created an exception to the absolute priority rule... read more

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In July 2014, the National Conference of Commis-sioners on Uniform State Laws (ULC) proposed several targeted but significant amendments to the Uniform Fraudulent Transfer Act (UFTA), including a proposal to change the name of the UFTA. The key changes in... read more

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Within the last six months, two decisions have been published regarding temporary administrative freezes on debtor funds in bank accounts, with dramatically different outcomes. One decision by the Court of Appeals for the Ninth Circuit, In the Matter of Mwangi... read more

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The preference provisions of the Bankruptcy Code advance key policy goals of (1) promoting equality of distribution among unsecured pre-petition creditors and (2) encouraging creditors to continue to maintain normal business relations with the debtor, and the corollary of discouraging... read more

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On November 4, 2013, the Eighth Circuit Court of Appeals issued a published opinion rejecting a challenge to the secured creditor’s lien by the joint Chapter 13 debtors, upholding lower court rulings that the disallowance of an untimely proof of... read more