Consumer Bankruptcy

If state law prohibits assertion of the homestead exemption in tax foreclosure and the debtor can’t take federal exemptions, does the debtor lack standing to set aside a fraudulent transfer?

To liquidate an underwater lender’s collateral, there must be a carveout giving unsecured creditors a ‘meaningful distribution.’

Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.

A decision by Bankruptcy Judge Maria Oxholm explains why chapter 13 plan amendments sometimes may be easier after confirmation than before.

When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.

President’s Column I’m writing this column only days after returning from ABI’s Annual Spring Meeting in late April in Washington, D.C. For me, the conference was special on so many levels. The Education Committee, led by Hon. Michelle M. Harner of the U.S. Bankruptcy

Legislative Highlights N.Y. Fed: U.S. Household Debt Increased 1 Percent in Q1 2025; Student Loan Delinquencies Rise Sharply The Federal Reserve Bank of New York’s Center for Microeconomic Data on May 13 1 issued its Quarterly Report on Household Debt and Credit, which

The elaborate definition of ‘estate property’ in Section 541(a) may have superseded the 1966 ‘sufficiently rooted’ analysis in Segal.

Although lower courts have disagreed, the Second Circuit joined three other circuits in holding that a standing trustee may not retain the percentage fee when chapter 13 cases are dismissed before confirmation. Consequently, ‘13’ debtors with confirmed plans pay standing trustees’ fees.