Consumer Bankruptcy

An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.

In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.

Disclosing a post-petition retainer in a monthly operating report wasn’t a substitute for disclosure required by Rule 2016(b)(2).

Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.

What’s a settlement of a personal injury claim? Is it income earmarked for creditors in chapter 13?

The appeal involved the sale of defensive appellate rights but wasn’t grounds for the decision by the Eighth Circuit.

The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11 By Donald L. Swanson The absolute-priority rule has always prevented individuals from reorganizing under chapter 11. The absolute-priority rule is a chapter 11 plan-confirmation

President’s Column As I have often said, being a judge is a privilege. In a job full of privileges, two of the happiest — and most meaningful — things that I ever got to do is preside over naturalization ceremonies for new American citizens, and officiate weddings. Once

In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.

A district court in New York holds that denial of a settlement motion is not final and not appealable.