The American Board of Certification is the nation's premier legal specialty certification organization - certifying attorneys as specialists in business bankruptcy, consumer bankruptcy and creditors' rights law.

Amusements Off the Bench: The Hobbies of Judge Clarkson

Posted on: December 22nd, 2016 by | No Comments

By J. Scott Bovitz, Bovitz & Spitzer I have been interviewing bankruptcy judges about their hobbies. Don’t laugh. I know what you are thinking. “Bovitz, you could interview every one of the 352 authorized bankruptcy judges about their hobbies … and not find enough material for one Chapter 8 Humor column.” However, you would be […]

Bankruptcy Code Definition: Financial Institution

Posted on: November 28th, 2016 by | No Comments

The Bankruptcy Code defines the term “financial institution” as meaning: (A) a Federal reserve bank, or an entity that is a commercial or savings bank, industrial savings bank, savings and loan association, trust company, federally-insured credit union, or receiver, liquidating agent, or conservator for such entity and, when any such Federal reserve bank, receiver, liquidating […]

Bankruptcy Code Definition: Bankruptcy Insider

Posted on: November 23rd, 2016 by | No Comments

The concept of insider is defined in 11 U.S.C. § 101(a)(31). If a debtor is an individual, the term “insider” includes: relatives, any partnership in which the debtor is a general partner, any general partner of the debtor or any corporation in which the debtor is a director, officer, or person in control.  If the […]

Bankruptcy Code Definition: Disinterested Person

Posted on: November 10th, 2016 by | No Comments

The Bankruptcy Code defines a “disinterested person” to mean a person that: (a) is not a creditor, an equity security holder, or an insider; (b) is not and was not, within 2 years before the date of the filing of the petition, a director, officer, or employee of the debtor; and (c) does not have […]

2016 Member Survey

Posted on: October 31st, 2016 by | No Comments

Help us learn how to better serve our membership by completing the survey below. Once completed, you will be entered to win a free annual membership renewal! We appreciate your feedback. 2016 ABC Member Survey

New Member Spotlight: Rachel Foley

Posted on: October 18th, 2016 by | No Comments

Rachel Foley, Foley Law, became a member of the American Board of Certification in March 2016. When asked why she sought board certification in Consumer Bankruptcy Law, Foley answered: “This is a frequent question asked by my colleagues.  The obvious answer may be that the certification allows you to stand out from your competition, but […]

American Board of Certification Welcomes New Members

Posted on: August 22nd, 2016 by | No Comments

Congratulations to American Board of Certification’s newest members! The following members were approved at the June 2016 Standards Meeting: Business Bankruptcy Law M. Douglas Flahaut Arent Fox LLP Los Angeles, CA John B. Hutton, III Greenberg Traurig, P.A. Miami, FL Justin M. Luna Latham, Shuker, Eden & Beaudine, LLP Orlando, FL Richard Montague Phelps Dunbar […]

Bankruptcy Code Definition: Governmental Unit

Posted on: July 9th, 2016 by | No Comments

What is a “governmental unit” under the Bankruptcy Code? The Bankruptcy Code defines “governmental unit” as follows: The term “governmental unit” means United States; State; Commonwealth; District; Territory; municipality; foreign state; department, agency, or instrumentality of the United States (but not a United States trustee while serving as a trustee in a case under this […]

Bankruptcy Code Definition: “Community Claims” – A Distribution Complication For Community Property States

Posted on: June 27th, 2016 by | No Comments

A “community claim” as defined in the Bankruptcy Code “means a claim that arose before the commencement of the case concerning the debtor for which property of the kind specified in section 541(a)(2) of this title is liable, whether or not there is any such property at the time of the commencement of the case.”  […]

What is a “Debt Relief Agency” and Why Does it Matter?

Posted on: May 24th, 2016 by | 1 Comment

“In 2005, Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act (the BAPCPA), Pub.L. No. 109–8, 119 Stat. 23 (2005).”  Hersh v. U.S. ex rel. Mukasey, 553 F.3d 743, 746 (5th Cir. 2008).  BAPCPA made a variety of changes to the Bankruptcy Code including the addition of sections 526, 527 and 528 which provide […]