Bankruptcy Litigation

President’s Column As I have often said, being a judge is a privilege. In a job full of privileges, two of the happiest — and most meaningful — things that I ever got to do is preside over naturalization ceremonies for new American citizens, and officiate weddings. Once

In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.

The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.

Seventh Circuit holds that comparative fault requires a reduction in compensatory damages for a discharge violation but not for a debtor’s attorneys’ fees.

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Ninth Circuit: Section 1322(c)(2) Allows Bifurcation of Short-Term Loans Secured Against Debtors’ Primary Residences In Mission Hen LLC v. Lee, 2 the Ninth Circuit considered whether the debtor’s

Selling a debtor’s claims must be structured to avoid champerty under state law.

The Case for Standing Chapter 13 Trustee Fee Retention in Pre-Confirmation Dismissals By Daryl J. Smith Chapter 13 is an essential component of the U.S. consumer bankruptcy system, offering debtors an opportunity to reorganize their finances and repay creditors over

If state law prohibits assertion of the homestead exemption in tax foreclosure and the debtor can’t take federal exemptions, does the debtor lack standing to set aside a fraudulent transfer?

Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.

The circuits are split on whether equity can extend the 60-day deadline for filing dischargeability complaints.