Consumer Bankruptcy

In a split decision, the Ninth Circuit majority held that a chapter 13 debtor has the right to dismiss under Section 1307(b) before the bankruptcy court decides whether the filing was in good faith.

President’s Column I am now halfway through my year as ABI President. Members tend to ask me two questions more than any others about this role: (1) How is all the travel going; and (2) is it worth it? The short answers are “great” and “yes,” but allow me to expand. ABI

Legislative Highlights Federal Reserve Proposes Scaled-Back Bank Capital Requirements Federal Reserve Vice Chair for Supervision Michael Barr on Sept. 10 unveiled changes to a proposed set of U.S. banking regulations that roughly cuts in half the extra capital that the

Online Law Firms: A Retrospective on Potential Pitfalls By Sabrina L. McKinney 1 The internet pervades all aspects of our society. Some jobs that previously required daily attendance are now commonly worked from the comfort of one’s home. The onset of the COVID-19

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eighth Circuit explained one key

Bankruptcy Fraud: Still a Threat to the Bankruptcy Process By Elise Mochizuki The recent increase in both consumer and corporate bankruptcy filings is expected to include significant bankruptcy fraud and/or abuse. With the goal of empowering stakeholders to assist the

Disclosures: Helping a Client (and Yourself) Stay Out of Hot Water By Andrew S. Erickson It is common for a chapter 7 panel trustee to review hundreds of pages of financial records along with the petition and schedules for any given consumer chapter 7 case prior to the

A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.

Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.