Consumer Bankruptcy

Inside ABI May 2025

President’s Column I could not be more honored to be stepping into the role of ABI’s President on the heels of a long line of dedicated and talented past Presidents, most recently Christopher A. Ward of Polsinelli (Wilmington, Del.). I’ve spent most of the last year

Legislative Highlights May 2025

Legislative Highlights Senators Introduce Bipartisan Bill to Protect Employees When Businesses File for Bankruptcy U.S. Senate Democratic Whip Dick Durbin (D-Ill.), Ranking Member of the Senate Judiciary Committee, and U.S. Sen. Josh Hawley (R-Mo.) on April 9 1 re

9th Circuit Apr 8, 2025

Panel Trustee’s Personal Misconduct Was Grounds for Removal for ‘Cause,’ BAP Says

The panel trustee had been found in state court to be a spousal abuser who lied in obtaining a Covid loan.
3rd Circuit Apr 24, 2025

Debtors’ Lawyer Has No 7th Amendment Right to Sue for Post-Petition Fees, Circuit Says

The debtors’ inequitable conduct didn’t relieve counsel of the duty to disclose fees charged for post-petition litigation.
5th Circuit Apr 21, 2025

Fifth Circuit: Repayment of Unsecured Term Loan Sometimes Must Be Accelerated in ‘13’

A 2/1 decision required chapter 13 debtors to accelerate repayment of nondischargeable student loans.
9th Circuit Apr 8, 2025

On a Split, Ninth Circuit BAP Holds: Misconduct in ‘11’ Doesn’t Prevent Conversion to ‘7’

Given that chapter 7 has remedies like denial of discharge for a debtor’s misconduct, bad faith in chapter 11 doesn’t allow dismissal on conversion to chapter 7.

Good-Faith Conversion Results in Retention of Post-Petition Appreciation

Good-Faith Conversion Results in Retention of Post-Petition Appreciation By Michelle H. Bass Chapter 7 trustees in the Eighth and Ninth Circuits currently benefit from the holdings in Castleman 1 and Goetz. 2 These opinions permit the recovery and administration of post

Consumer Bankruptcy Apr 22, 2025

In a Chapter 7 Conversion, Where the Debtor Resides Determines Who Keeps an Asset’s Appreciation

In a Chapter 7 Conversion, Where the Debtor Resides Determines Who Keeps an Asset’s Appreciation By Nauni Manty A debtor under a confirmed chapter 13 plan has been making regular plan payments for several months, or perhaps a few years. For some reason or other, the