Revesting on Discharge in Chapter 13 Can’t Be Mandated, Fourth Circuit Says
Local rules and local standard plans cannot force a chapter 13 debtor to disregard one of the options in Section 1327 and require revesting of estate assets on discharge.
Cryptocurrency, Blockchain and Bankruptcy
Cryptocurrency, Blockchain and Bankruptcy By W. Marc Schwartz, Christopher S. Roberts and Kyung S. Lee When “cryptocurrency” and “bankruptcy” are used in the same sentence, one immediately associates the terms with headlines of potential billion-dollar losses suffered
Has Congress Opted Out of the Bankruptcy Clause?
Has Congress Opted Out of the Bankruptcy Clause? By Zachary A. Phillips More than two years have passed since the U.S. Supreme Court used the Bankruptcy Clause in Siegel v. Fitzgerald to rule that the differing fee systems for chapter 11 cases were unconstitutional
Denial of a Debtor’s Motion to Dismiss a Petition Isn’t Appealable, Second Circuit Says
In practical effect, the Second Circuit’s opinion means that a chapter 7 debtor may never appeal denial of a motion to dismiss a petition.
Supreme Court’s Jarkesy Opinion Clarifies Granfinanciera on Jury Trial Rights
A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.