Consumer Bankruptcy

9th Circuit Arizona Feb 23, 2024

Arizona Supreme Court Says RVs Aren’t Exempt Homesteads Because They Move

Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.

Inside ABI March 2024

President’s Column The last 11 months have provided me with the best opportunity to truly appreciate what ABI offers that does not meet the eye at first blush. Following my installation as ABI President in April 2023, I undertook the “ABI Ambassador” role and attended

Legislative Highlights March 2024

Legislative Highlights Senators, State AGs Submit Amicus Briefs Calling for Supreme Court to Reject Georgia-Pacific’s Bankruptcy Maneuver Senate Judiciary Committee Chair Richard Durbin (D-Ill.) and fellow Senate Judiciary Committee colleagues Sens. Sheldon Whitehouse

Supreme Court Feb 20, 2024

Supreme Court Won’t Decide Whether ‘13’ Trustees Are Paid When Plans Aren’t Confirmed

Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.

Standing Trustees Should Be Paid in Unconfirmed Cases

Standing Trustees Should Be Paid in Unconfirmed Cases By Grant Rosinko Recent decisions in several circuits have denied compensation to standing trustees when a chapter 13 case is dismissed prior to plan confirmation. There is now a split of authority resulting from two

Avoidance Exposure for Transfers of Exemptible Assets

Avoidance Exposure for Transfers of Exemptible Assets By Brett D. Lieberman and Olivia Webb Bankruptcy courts are regularly tasked with analyzing situations in which debtors attempt to transform, through transfer or otherwise, nonexempt property into exempt property. In

9th Circuit Idaho Jan 26, 2024

Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment

Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.