Consumer Bankruptcy

Reversing the BAP, the Ninth Circuit held that equitable considerations may stop the government from recovering disability overpayments, when the doctrine of recoupment otherwise would have allowed recovery despite the debtor’s chapter 7 discharge.

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Priority Wage Claims Must Be Counted for Sub V Eligibility, Even if Paid Post-Petition In a case of first impression, Hon. Eduardo V. Rodriguez of the U.S. Bankruptcy Court for the Southern

Some courts don’t transfer venue under 28 U.S.C. § 1412 if the claims are only ‘related to’ the bankruptcy and don’t arise in the bankruptcy case or arise under the Bankruptcy Code.

Courts are split on whether chapter 7 trustees can be paid on another theory when the trustee had made no distributions to creditors under Section 326(a).

A class action in Chicago will decide whether bankruptcy judges have the tools to rectify a single creditor’s violation of the rights of similarly situated debtors.

On a question where the courts are split, Bankruptcy Judge Pamela McAfee sides with the majority and holds that a chapter 13 debtor can’t sell co-owned property.

Judge Peter Henderson declined to adopt an interpretation of Section 548 that would turn innocent retailers into recipients of fraudulent transfers when someone buys goods but turns the goods over to someone else.

The Army’s Dependent Support Requirement: A DSO Under Title 11? By John R. Serrano 1 Staff Sergeant (SSG) Snuffy serves on active duty in a stateside military installation. He is married and has one child. The U.S. Army provides him with an allowance for housing based

New York’s Judge Philip Bentley and Prof. Robert Lawless urge Congress to adopt the ABI Commission’s recommendations for dealing with bad faith filings.

President’s Column In my penultimate column as ABI President, I wanted to take the opportunity to introduce the ABI Family to our ABI President-Elect, Hon. Bruce A. Harwood (ret.), who has been an ABI member since 1989. Over the past year, I have had the pleasure of