Consumer Bankruptcy

Rochelle’s Daily Wire

Expert analysis of the latest court decisions affecting consumer debtors — covering discharge, mortgage servicing, student loans, exemptions, and more.

Cases covered: 1,408 (all-time)
Covering all circuits
Showing 21 - 30 of 138
Sep 11, 2023 n/a
Before we begin this column, we'd like to take a moment to remember the lives that were lost on 9/11 and the families and communities that continue to be impacted by that tragic event. Never forget. Ci.....
Aug 22, 2023 Jeffrey S. Sutton
The government won the IRS Open three sets to love, when the Sixth Circuit sided with the Third and Fourth Circuits by holding that the “penalty” imposed on a taxpayer for failure to purchase health.....
Jul 12, 2023 Klinette H. Kindred
Bankruptcy Judge Klinette H. Kindred of Alexandria, Va., embraced the concurring opinion in this term’s Bartenwerfer opinion from the Supreme Court by holding that a poor schlub who was an unwitting.....
Jun 26, 2023 John B. Nalbandian
Declining “the request to expand broadly an already questionable doctrine,” the majority on a Sixth Circuit panel held “that the doctrine of equitable mootness has no place in Chapter 7 liquidations.”.....
Jun 08, 2023 Daniel S. Opperman
Using powers of equity and common sense, Bankruptcy Judge Daniel S. Opperman of Bay City, Mich., didn’t allow a grinch to steal a disabled man’s IRA. A chapter 7 debtor was permanently disabled. Before.....
Venue ping pong is a proper method for putting a case in the improper district, according to Bankruptcy Judge Nicholas W. Whittenburg. Sitting in Chattanooga, Tenn., Judge Whittenburg’s courthouse is.....
May 09, 2023 Thomas J. Tucker
Legitimate bankruptcy planning does not include electing to roll over $41,000 in tax refunds to a tax year after filing. Bankruptcy Judge Thomas J. Tucker denied a couple’s discharges under Section.....
Apr 03, 2023 Karen Nelson Moore
Writing dicta in a nonprecedential opinion, Sixth Circuit Judge Amul R. Thapar cited Lexmark Int’l, Inc. v. Static Control Components, Inc., 572 U.S. 118 (2014), to conclude that the “person aggrieved.....
Mar 24, 2023 Keith L. Phillips
Congress desperately needs to amend the Bankruptcy Code and decide whether chapter 13 debtors are allowed to retain post-petition appreciation in the value of their homes. Courts today are divided. In.....
Feb 16, 2023 Kevin R. Huennekens
You’ve likely seen the ads on TV urging you to hire a law firm to file a claim for exposure to toxic water if you lived or worked at Camp Lejeune between 1953 and 1987. And if you’ve already gone.....