Consumer Bankruptcy

The issuance of an execution to the sheriff in New York results in the creation of a lien on personalty and the time of a transfer for preference purposes.

Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II 1 By Christopher Conte “Bankruptcy courts are courts of equity.” 2 Anyone who has practiced in front of bankruptcy judges for any length of time has undoubtedly heard, or uttered, the above quote

Bankruptcy Judge Hunt in Salt Lake City split with the Sixth Circuit, which held that a debtor can’t modify a plan by surrendering a car but must continue paying the auto lender in full.

President’s Column One of the questions that I’m always happy to hear, and one of the questions that makes me the happiest to answer, is this: “How do I get more involved with ABI?” I’ve put together a nonexclusive list of suggestions in this month’s column. Member

Judge Isicoff explains why Schwab refines but does not overrule Taylor and why Schwab does not apply to unlimited exemptions.

Only one circuit court has opined on the ability of a bankruptcy court under Rule 9006(b) to extend the deadline for filing avoidance actions.

Even under a narrow test requiring bodily injury, a domestic abuse claim is a ‘personal injury tort claim,’ BAP says.

Amicus briefs are needed so the Supreme Court sees the big picture and understands that creditors can suffer if judicial estoppel is applied indiscriminately.

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack 1 Third Circuit Discusses Equitable Authority to Appoint Receivers for Corporations, Ownership of Successor-Liability Claims In a consolidated appeal, the Third Circuit considered the issues of

Should Courts Use the Separate-Filings Rule to Allocate Tax Refunds Among Spouses? By James C. Lanik When spouses file a joint chapter 7 petition, two estates are created, 1 although those estates are typically jointly administered. 2 The allocation of joint tax refunds