The University of Texas Law School won the 2024 Duberstein Bankruptcy Moot Court Competition, sponsored by the American Bankruptcy Institute and St. John’s Law School. The UT Law team is coached by Deborah B. Langehennig, Chapter 13 Trustee, Austin, Texas; this is University of Texas’ third national Duberstein championship. To celebrate the victory, UT lit the campus Tower in the traditional burnt orange.
The 2024 moot court problem, Clegg v. Floyd involved a dispute between a chapter 7 trustee and the debtor over (i) whether any post-petition, pre-conversion increase in equity in a debtor’s property inures to the benefit of the debtor or to the estate upon conversion of a case from chapter 13 to chapter 7 pursuant to 11 U.S.C. §§ 348 and 541, and (ii) whether a chapter 7 trustee may sell, as property of the estate, the ability to avoid and recover transfers pursuant to 11 U.S.C. §§ 547 and 550.
The 2025 Duberstein problem, just released, focuses on two timely Chapter 13 issues: (i) Whether 11 U.S.C. § 1322(b)(2) precludes a chapter 13 debtor from modifying the rights of the holder of a secured claim that is secured only by a security interest in real property consisting of both the debtor’s principal residence and income generating rental property; and (ii) whether 11 U.S.C. § 1325(b)(1) allows a chapter 13 debtor to exclude from the calculation of disposable income voluntary, post-petition contributions to his or her 401(k) retirement plan.
Congratulations Deb and team!!!!!
