Examining Need to Fix Means Test Disparity for Disabled Veterans - Ep. 225
ABI Executive Director Sam Gerdano talks with Jay Bender of Bradley Arant Boult Cummings LLP (Birmingham, Ala.), Kristina M. Stanger of Nyemaster Goode, P.C. (Des Moines, Iowa) and John H. Thompson of McGuireWoods LLP (Washington, D.C.) about proposals to equalize the means test treatment for veterans who seek chapter 7 relief. Bender, Stanger and Thompson, who are part of the legislative committee of ABI's Veterans' Task Force, talk about the problem of including VA disability payments as income and efforts to correct this disparity in the Code, such as the HAVEN Act.
American College of Bankruptcy, Fellow Listed in Chambers USA Bankruptcy/Restructuring, 2010-2024 Listed in The Best Lawyers in America® Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2006-2025 Litigation – Bankruptcy, 2011-2025 Bet-the-Company Litigation, 2017-2025 "Lawyer of the Year," Charlotte, Litigation - Bankruptcy, 2025 "Lawyer of the Year," Charlotte, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2024 "Lawyer of the Year," Birmingham, Litigation - Bankruptcy, 2014, 2021 "Lawyer of the Year," Birmingham, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2020 Listed in Mid-South Super Lawyers Bankruptcy: Business, 2018-2024 Listed in B-Metro, "Top Lawyers," 2019-2020 Service to Veterans Award, American Bankruptcy Institute, 2019 Alabama Commendation Medal, Alabama Army National Guard, 2020 Listed in Lawdragon 500 Leading U.S. Bankruptcy & Restructuring Lawyers, 2020, 2022-2024 In re Walter Energy, Inc. - Bankruptcy counsel for Walter Energy, Inc., a publicly traded company and one of the world’s largest producers of metallurgical coal, and 22 of its subsidiaries. The Walter Energy case is the largest chapter 11 ever filed in the state of Alabama and involved over $3 billion in long-term debt. In re Jefferson County, Alabama - Bankruptcy counsel for the most populous county in Alabama in its chapter 9 bankruptcy case, pursuant to which the county confirmed its chapter 9 plan of adjustment, successfully restructuring over $5 billion in debt. In re Dixie Pellets, LLC - Lead bankruptcy counsel for manufacturer and exporter of wood-based biofuel products in case involving complex issues of maritime law and lien priority disputes; obtained approval of sale of substantially all assets pursuant to 363 sale; obtained confirmation of chapter 11 plan of liquidation. In re Moore-Handley, Inc. - Lead bankruptcy counsel for one of country’s largest wholesale hardware distributors; obtained approval of 363 sale of substantially all of company’s assets over objections of unsecured creditors committee and labor union. In re Carraway Hospital - Debtor’s counsel for Carraway Methodist Hospital, an inner-city not-for-profit sold to as a going concern to a for-profit operator. In a second chapter 11, represented the buyer in winding down the hospital’s operations and liquidating its assets under bankruptcy court supervision. In re J.A. Jones, Inc. - Representation of international construction conglomerate in multibillion-dollar chapter 11 case filed in the Western District of North Carolina; obtained approval of multiple 363 sales resulting in orderly, going-concern sales of debtors’ various business lines. In re The West Jefferson Amusement and Public Park Authority - Lead chapter 9 bankruptcy counsel for municipal authority that owned amusement park development financed with $90 million bond issuance; confirmed chapter 9 plan providing for sale of substantially all assets to private operator. Representation of distressed utility in out-of-court debt restructure - Represented electric cooperative in restructuring of multimillion-dollar secured financing facility. Representation of distressed telecommunications company - Represented closely held telecommunications company in restructuring of multiple secured credit facilities. Representation of distressed senior care facility - Represented distressed continuing care retirement community (CCRC) in negotiations and litigation with multiple secured lenders.
