Consumer Bankruptcy

4th Circuit Maryland Aug 15, 2024

A Wholly Unsecured Lien May Be Stripped Off Even if It Predated Ownership

Bankruptcy Judge Michelle Harner held that a wholly unsecured, subordinate lien may be stripped off in chapter 13 even if the lien arose before the debtor owned the property.
4th Circuit Aug 13, 2024

Revesting on Discharge in Chapter 13 Can’t Be Mandated, Fourth Circuit Says

Local rules and local standard plans cannot force a chapter 13 debtor to disregard one of the options in Section 1327 and require revesting of estate assets on discharge.

Cryptocurrency, Blockchain and Bankruptcy

Cryptocurrency, Blockchain and Bankruptcy By W. Marc Schwartz, Christopher S. Roberts and Kyung S. Lee When “cryptocurrency” and “bankruptcy” are used in the same sentence, one immediately associates the terms with headlines of potential billion-dollar losses suffered

Has Congress Opted Out of the Bankruptcy Clause?

Has Congress Opted Out of the Bankruptcy Clause? By Zachary A. Phillips More than two years have passed since the U.S. Supreme Court used the Bankruptcy Clause in Siegel v. Fitzgerald to rule that the differing fee systems for chapter 11 cases were unconstitutional