Consumer Bankruptcy

Does filing bankruptcy by itself waive a debtor’s right to a jury trial when suing a creditor?

Voluntary dismissal of a chapter 13 case isn’t automatic. A motion and a hearing are required.

Issue preclusion and Rooker-Feldman didn’t prevent an individual debtor from avoiding a judicial lien that impaired a homestead exemption despite a waiver of the exemption.

The Section 522(g) preclusion of an exemption on fraudulently transferred property only applies if the trustee recovers the property.

An order disallowing a claim didn’t really mean the claim was disallowed.

A nationwide class action for a stay violation seems to be an open issue.

President’s Column This, my final President’s Column, is all about moments. They come in all sorts of shapes and sizes. One of my favorite expressions from listening to the radio is a “driveway moment.” In the context of car radios, it’s when you’ve already pulled into

Senators Reintroduce Legislation to Hold Executives Accountable After Big Bank Failures Sens. Elizabeth Warren (D-Mass.), Josh Hawley (R-Mo.), Catherine Cortez Masto (D-Nev.), Ruben Gallego (D-Ariz.), Katie Britt (R-Ala.) and nine additional Senators on March 11 1

Bill Introduced to Permanently Increase Thresholds for Subchapter V, Chapter 13 Congressional supporters have renewed their push in the second term of the 119th Congress to increase the debt-eligibility limits for small business subchapter V and consumer chapter 13

By excluding payments by the debtor directly to secured creditors from the calculation of the standing trustee’s fee, the recovery increased for unsecured creditors in chapter 12.