Consumer Bankruptcy

The federal appeals court brushed aside technicalities under state criminal law in deciding that an order for restitution was not discharged under Section 1328(a)(3).

Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.

President’s Column Last month, I wrote about the New York City Bankruptcy Conference being my first as ABI President. What an experience! And, yes, my live Peloton ride was nearly as exciting. For any Peloton Bike users, I was excited to take the 30-minute Alex

Legislative Highlights “Corporate Crimes Against Health Care Act of 2024” Introduced in Response to Steward Health Care Bankruptcy Sens. Elizabeth Warren and Ed Markey (D-Mass.) on June 11 introduced a new bill 1 aiming to crack down on “private equity abuse in the

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Court Affirms “Enhanced” 37-Month Sentence for Attorney’s Concealment of Brother’s Money The appeal in United States v. Kowalksi concerned the propriety of a 37-month sentence for an attorney who

The Transient Debtor and the Debtor’s Homestead Exemption By Laura E. Richardson The U.S. is experiencing a more-than-decade-long trend in migration whereby its population is increasingly relocating between states, even as the overall mover rate is in decline. 1 Per the

Circuits are split on whether claims for contempt of the discharge injunction must be brought in the bankruptcy court that issued the discharge.

Return of the Living Claim By Brittany M. Woodman What is “zombie debt” (also referred to as stale debt)? Some have defined it as debt that is not recognized as discharged following a bankruptcy — although the debt is no longer legally enforceable. 1 Yet others have