Consumer Bankruptcy

Bankruptcy Judge Hagan halted the practice of a chapter 13 debtor’s counsel who always filed plans with 0% interest for secured creditors.

Because dismissal under Section 521(i)(1) is automatic and does not result from an order, there’s no rule to vacate dismissal for excusable neglect.

The Ninth Circuit hasn’t decided whether bankruptcy courts are ‘courts of the U.S.’ authorized to exercise powers under the All Writs Act, 28 U.S.C. § 1651(a).

Bankruptcy Judge Hagan explains why Till doesn’t necessarily require starting with the prime rate in cramming down a secured creditor in chapter 13.

Failure to include forgiveness of indebtedness income in schedules didn’t result in denial of confirmation of a chapter 13 plan.

Although it makes sense and would require fewer judicial resources, the governing statute does not permit withdrawing a lawsuit directly to the bankruptcy court in another district or another state, as explained by Bankruptcy Judge Elisabetta G.M. Gasparini of Columbia, S.C.

The corporate debtor filed a voluntary chapter 7 petition in South Carolina. Two days later, someone (whom we shall refer to as the plaintiff) filed a lawsuit in federal district court in Georgia against several of the debtor’s insiders and a nondebtor corporate affiliate of the debtor. The debtor was not named as a defendant in the Georgia action.

The debtor and the nondebtor defendants in Georgia filed a notice of removal. As Judge Gasparini said in her December 16 opinion, they “purportedly remov[ed] the matter from the Georgia District Court to this Court [i.e., the bankruptcy court in the District of South Carolina].”

Although a suit for punitive damages resembles a claim for which there would be a jury under common law, Pennsylvania’s Judge Mayer decided that the enactment of Section 362(k) gave rise to the public rights exception allowing bankruptcy courts to award damages without a jury.

Automotive Distress and Restructuring Considerations for 2026 By Joel E. Cohen and Raymond Roth, III New tariffs and their impacts on U.S. businesses have been at the forefront of recent news. While the automotive industry received a lot of this attention, tariffs are

Delaware’s Bankruptcy Judge Horan gives examples of preference complaints that adequately plead performance of due diligence.

North Carolina’s Judge McAfee distinguishes between sales of personal assets and sales of investment assets in deciding whether proceeds are derived from ‘income’ and must be included in the current monthly income analysis.