Consumer Bankruptcy

To Tell or Not to Tell Isn’t Really a Question: A Debtor’s Duty to Disclose By Hon. Elizabeth L. Gunn and Nisha R. Patel 1 The filing of a bankruptcy petition creates an estate comprised of “virtually all the debtor’s assets,” 2 or, more specifically, “all legal or

“What Happens Post-Petition Stays Post-Petition!”: A Debtor Is Not Required to Disclose Assets Acquired Beyond the Subset of § 541(a)(5) Property Within 180 Days of the Petition By David Cox At the outset, it is important to clarify the issue that this article addresses

Partial Surrender of Personal Property Secured by a Cross-Collateralized Loan Under § 1325(a)(5) By Maxwell Milavetz and Sarah Laybourne Cross-collateralized loans are attractive to creditors who can leverage equity in one piece of collateral toward security interests

Judge Rebecca B. Connelly allowed a debtor couple to retain enough unexpected income to pay deferred maintenance on the debtors’ home.

To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.

The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.

Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.

In California, bringing litigation with a marginal possibility of success could be a bad bet whenever a contract permits one side to recover attorneys’ fees.

Seventh Circuit holds that comparative fault requires a reduction in compensatory damages for a discharge violation but not for a debtor’s attorneys’ fees.

President’s Column This is the first column that I’ve written after this year’s Annual Spring Meeting, and although it will be summer before you read these words, that conference is still fresh in my mind. I loved seeing many of you at the conference, enjoying the top