Consumer Bankruptcy

Recapping the 118th Congress When the 118th Congress convened on Jan. 3, 2023, lawmakers were intent on examining the collapse of FTX bankruptcy and the cryptocurrency industry, many COVID-19 stimulus programs had sunset, and the political landscape saw Democrats

The Ninth Circuit split with the Sixth Circuit in the interpretation of the ‘hanging paragraph’ in Section 541(b)(7). Courts are divided four ways on whether or how much a ‘13’ debtor may contribute to voluntary retirement plans after filing.

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 fee from every plan payment

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

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 division since its inception in the

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 a difficult predicament

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 legislative history reflects

District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.

Bankruptcy Judge Michelle Harner decided that a mortgage servicer must allow a chapter 13 debtor’s continued use of an online payment platform.