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10th Circuit Colorado May 24, 2024

Avoidance of ‘Impairment’ Liens Can’t Be Delayed until Discharge in Chapter 13

If a ‘13’ case is dismissed after confirmation, the holder of an avoided lien retains remedies under state law, Judge Rosania says.
Consumer Bankruptcy May 21, 2024

Increasing Values Result in Creative Homestead Exemption Claims

Increasing Values Result in Creative Homestead Exemption Claims By Hon. Elizabeth L. Gunn and Shelby E. Kostolni The economy following the COVID-19 pandemic has created an environment where many homeowners find themselves in a situation where they are “house rich” but

4th Circuit Apr 17, 2024

Fourth Circuit Says Entireties Property Is Not Exempt from Tax Debt

The lack of perfection of a federal tax lien did not mean that the entireties interest was exempt under Section 522(b)(3).
Consumer Bankruptcy Mar 22, 2024

Dividing Love: How Bankruptcy Proceedings and State Laws Can Separate Pets from Their Owners

Dividing Love: How Bankruptcy Proceedings and State Laws Can Separate Pets from Their Owners By Katherine S. Dute and Ryan M. Messina We can all agree that domestic pets — not including purebred pets, show pets or some limited exceptions such as horses — have a low fair

8th Circuit Mar 8, 2024

Another Circuit Says Creditors Take Appreciation When a ‘13’ Case Converts to ‘7’

The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.
7th Circuit Feb 27, 2024

Judge Easterbrook Says: Bankruptcy Court Could Set Aside Erroneous State Court Ruling

By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.

Avoidance Exposure for Transfers of Exemptible Assets

Avoidance Exposure for Transfers of Exemptible Assets By Brett D. Lieberman and Olivia Webb Bankruptcy courts are regularly tasked with analyzing situations in which debtors attempt to transform, through transfer or otherwise, nonexempt property into exempt property. In

2023 Legislative Roundup

2023 Legislative Roundup By Brittany M. Woodman Compared to 2022, 2023 saw an 18 percent increase in total bankruptcy filings. 1 While bankruptcy filings increased and U.S. Supreme Court decisions hoped to deliver clarity among circuits, proposed bankruptcy legislative