CPEX

Nov 22, 2024

Law Review: Boyack, Andrea J., Just Consumer Financial Protection: Prevention or Cure (August 09, 2024). University of Missouri School of Law Legal Studies Research Paper No. 2024-27

Automatic Stay Claims Bankruptcy Litigation Executory Contracts/Leases Fraud Plan Confirmation Practice and Procedure Consumer Bankruptcy

Benchnotes January 2025

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo 1 Constitutional Challenge to Chapter 13 Trustee Compensation Scheme Rejected The salaries of chapter 13 trustees are paid by the trustees’ collection of a percentage …

AK Aaron M. Kaufman BP Bradley D. Pack CS Christina Sanfelippo

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Jan
2025

Nov 20, 2024

Bankr. E.D.N.C.: In re Island Breeze Grill- Binding Effect of Confirmation & Limitations on Standing for Plan Modification

9th Circuit Nov 12, 2024

BAP Rejects Due Process Attack for Denial of ‘13’ Trustee Fees on Dismissal

Quick Take Ninth Circuit BAP says there is no due process problem with denial of chapter 13 trustee fees if dismissal precedes confirmation.

Nov 19, 2024

N.C. Ct. of Appeals: East Bay v. Baxley- No Tolling of Statute of Limitations for Judgment Renewal

Consumer Bankruptcy Chapter 12/Farm Cases

Cultivating Clarity: Resolving the Circuit Split on Ch. 12 Conversions

Cultivating Clarity: Resolving the Circuit Split on Ch. 12 Conversions By Christianna Cathcart Section 1208 of the Bankruptcy Code, governing the dismissal and conversion of chapter 12 cases, has been a persistent source of judicial divisio…

CC Christianna Annette Cathcart

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Jan
2025

Nov 18, 2024

Don’t Dismiss FRBP 7041

Consumer Bankruptcy Consumer Debt Mortgage

Giving Debtors Their Fair Shake: What Happens to Nonexempt Equity Increases in Debtors’ Homes in Converted Chapter 7 Cases

Giving Debtors Their Fair Shake: What Happens to Nonexempt Equity Increases in Debtors’ Homes in Converted Chapter 7 Cases By Andrew Bates 1 Following decisions from the Eighth and Ninth Circuits, chapter 13 filers could find themselves in …

AB Andrew David Bates

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Feb
2025

Legislation Consumer Bankruptcy

The HAVEN Act Goes to Kindergarten: Lessons and Opportunities Five Years In

The HAVEN Act Goes to Kindergarten:Lessons and Opportunities Five Years In By Katherine Everett Iskin On Aug. 23, 2019, Public Law No. 116-52, 133 Stat. 1076, titled “Honoring American Veterans in Extreme Need” (HAVEN) Act, became law. Its …

KI Katherine Everett Iskin

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Jan
2025

Nov 15, 2024

Law Review: Sara Sternberg Greene et al., Getting to Home: Understanding the Collateral Consequences of Negative Records in the Rental Housing Market, 74 Duke Law Journal 269-352 (2024)

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