Consumer Bankruptcy

The Transition to Virtual § 341 Meetings: Lessons Learned, and Looking Ahead

The Transition to Virtual § 341 Meetings: Lessons Learned, and Looking Ahead By Michael Bujold, Robert Gebhard, Patrick Layng, Krista Hale and Nicole Zollars Before the COVID-19 pandemic, with few exceptions, § 341 meetings of creditors 1 for chapter 7, 12 and 13 cases

Is an Option an Executory Contract or Not?

When there is a recorded option to purchase real estate, Prof. Westbrook would have analyzed the specific performance rights of the holder of the option under state law, not the question of whether the option was executory.

Intent over Plain Meaning: The Minority Perspective of § 362(c)(3)(A)

Intent over Plain Meaning: The Minority Perspective of § 362(c)(3)(A) By Jeffrey S. Fraser The automatic stay, provided for in § 362 of the Bankruptcy Code, is widely regarded as one of the most (if not the most) essential features of bankruptcy law. The “stay” under §

When a Nonfiling Spouse’s Support of an Adult Child Prevents Relief

When a Nonfiling Spouse’s Support of an Adult Child Prevents Relief By Alban Beqiri Imagine a debtor going through chapter 7, hoping for a fresh start, only to get kicked out — not for hiding money or playing games, but because the debtor’s spouse is supporting their