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What's In Store for Bankruptcy Reform In a Biden Presidency
Bankruptcy reform is not a new topic. In 2005, the credit card industry secured the passage of The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), which not only transformed consumer bankruptcies, making them more difficult and costly for individuals, but had far-reaching impacts on commercial bankruptcies under Chapter 11, making business reorganizations more challenging. In 2011, the American Bankruptcy Institute (ABI) formed a Commission to Explore Overhauling Chapter 11.
The Commission's recommendations, published after three years and weighing in at 402 pages, was comprehensive. In 2018, the commission's co-chair presented its findings to a Senate judiciary subcommittee. And in 2019, the ABI's Commission on Consumer Bankruptcy unveiled recommendations for making the bankruptcy system more accessible for both financially struggling Americans and the professionals who serve them. And … nothing much has happened since.
Meanwhile, Senator Elizabeth Warren has been relentlessly pursuing bankruptcy reform for two decades. And notwithstanding her exit from the 2020 presidential race, she has persisted. By March, following regular policy meetings between Biden and Warren, Biden capitulated, adopting Warren's comprehensive proposal, Fixing Our Bankruptcy System to Give People a Second Chance, renaming it the Biden Plan for Bankruptcy Reform, and ending their feud over BAPCPA. The proposals are driven by Warren's empirical studies of American consumers and her dedication to ensuring that not only the American dream, but also America's promise of a fresh start, are not lost to them. But the proposals could also impact commercial bankruptcy law and reverberate across our financial systems.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.