Consumer Bankruptcy

Consumer Bankruptcy Jun 14, 2024

How Long Can Chapter 13 Plans Last, and What Can Debtors Do to Ensure Timely Completion?

How Long Can Chapter 13 Plans Last, and What Can Debtors Do to Ensure Timely Completion? By Hon. Charles Novack 1 The “essence of modern bankruptcy law” is “relief and [a] fresh start for the debtor.” 2 Chapter 13 of the Bankruptcy Code offers an effective path to such

10th Circuit Colorado May 24, 2024

Avoidance of ‘Impairment’ Liens Can’t Be Delayed until Discharge in Chapter 13

If a ‘13’ case is dismissed after confirmation, the holder of an avoided lien retains remedies under state law, Judge Rosania says.
Federal Circuit Jun 12, 2024

Sub V Debt ‘Cap’ in Peril of Reverting to About $3 Million on June 21

One senator is blocking an extension of the $7.5 million debt cap for Subchapter V and the $2.75 cap for chapter 13.
10th Circuit New Mexico May 22, 2024

What Are ‘7’ Trustees Paid When the Case Converts to ‘13’ Before Distributions?

Courts have at least six theories about compensation for chapter 7 trustees for valuable services rendered when the case converts to chapter 13 before the trustee has made any distributions.
9th Circuit Apr 29, 2024

Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages

One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.