Consumer Bankruptcy

10th Circuit Colorado Mar 27, 2025

Trustee May Not Liquidate Estate Property Solely to Benefit a DSO Creditor

Affirming Bankruptcy Judge Michael Romero, the district court holds that an exemption remains valid even though the exempt property remains subject to a nondischargeable domestic support obligation.

Broad Scope, or Slippery Slope? Justification of Johnson

Broad Scope, or Slippery Slope? Justifications of Johnson By Jeffrey Fraser In Johnson v. Home State Bank, 1 the U.S. Supreme Court rendered a seemingly benign ruling regarding the impact of a chapter 7 discharge on a mortgage claim, concluding that a chapter 13

Married Immediately Before Bankruptcy, the ‘Household’ Is Two, Not One

Wife who contributed nothing toward household expenses is still counted as part of the ‘household,’ Chicago’s Judge Slade says.

Inside ABI April 2025

President’s Column I still cannot believe it has been a year already since the 2024 Annual Spring Meeting (ASM). As we once again get ready to descend on Washington, D.C., for our annual event later this month, I want to take this time to reflect on the past year, thank

Legislative Highlights April 2025

Legislative Highlights Trump Administration Removes Tara Twomey as EOUST Director The Justice Department removed multiple senior career officials on March 7, 1 including Tara Twomey, the head of the Executive Office for U.S. Trustees (EOUST). Jeffrey Ragsdale, the head

Estimated Tax Payments Made Before Filing Aren’t Fraudulent Transfers to the IRS

When estimated tax payments are ‘reasonable’ estimates of the year’s taxes, they aren’t fraudulent transfers, district judge says

Where, Oh Where, Are the Child-Support Creditors?

Where, Oh Where, Are the Child-Support Creditors? By Hon. Elizabeth Gunn, Stuart Wilson-Patton and William R. Pursell 1 It is axiomatic that bankruptcy law in the U.S. is designed to provide a fresh start to individuals weighed down by unfathomable debt (the honest, but

Bankruptcy Judge Upheld: No Arbitration on Claims for Violating the Automatic Stay

Bankruptcy Judge Paul Black was affirmed in district court for holding that arbitration of claims for violating the automatic stay would conflict with the centrality of administration in bankruptcy cases.