Kaytie Hobbs, Blog Chair, University of Cincinnati Law Review The Supreme Court is spending these hot June days handing down decision from its 2018 term. This blog post surveys a few of the more interesting holdings so far: Gamble v. United States[1] Held: Dual-sovereignty doctrine is upheld, allowing states and the federal government to prosecute... Continue Reading →
A Real Life Monty Brewster: Can You Spend $30 Million To Escape From the IRS?
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review A current circuit split poses an imperative question: Can a hypothetical multi-millionaire, like Monty Brewster, spend his millions frivolously without fear of a tax penalty following him through bankruptcy?[1] The United States Bankruptcy Code generally allows debtors to discharge all debts arising prior to filing... Continue Reading →
Bankruptcy Discharges: Why Courts Should Discharge the Civil Contempt Standard for “Refusals”
Author: Stephen Doyle, Associate Member, University of Cincinnati Law Review Because of the Great Recession beginning around 2008, the number of bankruptcy filings increased by nearly 150% between 2008 and 2010, before leveling off in recent years.[1] With the increased caseload on bankruptcy courts came increased confusion about some of the Bankruptcy Code’s provisions. Recently,... Continue Reading →
Robbing Peter to Pay Paul: Irving Picard’s Quest to Repay Bernie Madoff’s Victims
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review Charles Ponzi did not intend to have his name become synonymous with financial fraud; he intended to get rich quickly. While he was not the first to perpetrate such a scheme, Ponzi’s name is attached to a type of fraud in which a fund pays... Continue Reading →
Filing Time-Barred Claims in Bankruptcy Subjects Creditors to FDCPA Sanctions in the Eleventh Circuit (and Maybe the Seventh)
Author: A.J. Webb, Articles Editor, University of Cincinnati Law Review Another clash between the Fair Debt Collection Practices Act[1] and the Bankruptcy Code[2] is on the horizon. A recent decision by the Eleventh Circuit Court of Appeals might lead to additional liabilities against creditors seeking to collect on debts from consumers who file for bankruptcy. In... Continue Reading →
Protecting Attorneys and Jeopardizing Creditors: In re Thelen LLP and Rejection of the “Unfinished Business Rule”
Author: A.J. Webb, Articles Editor, University of Cincinnati Law Review In recent years, numerous multinational law firms have declared bankruptcy amidst dwindling demand for legal services. Generally, the bankruptcy of a law firm is similar to that of any other debtor: a trustee must carefully scrutinize the debtor’s assets, ensuring their availability for distribution to... Continue Reading →
Don’t Let the Door Hit You on the Way Out: Smith v. Robbins (In re IFS Financial Corporation)
Author: A.J. Webb, Articles Editor, University of Cincinnati Law Review [1] In November 2011, W. Steve Smith traveled to New Orleans, Louisiana, to attend a bankruptcy hearing for IFS Financial, for which he served as a bankruptcy trustee in a chapter seven liquidation.[2] While the hearing lasted only one day, Smith extended his stay by... Continue Reading →