Consumer Bankruptcy

Legislative Highlights Senate Leaders Take Different Legislative Paths to Curb ‘Judge-Shopping’ Senate Majority Leader Chuck Schumer (D-N.Y.) and Senate Minority Leader Mitch McConnell (R-Ky.) on April 10 each introduced legislation that would alter how certain cases

Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.

Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.

Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?

Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.

Increasing Values Result in Creative Homestead Exemption Claims By Hon. Elizabeth L. Gunn and Shelby E. Kostolni The economy following the COVID-19 pandemic has created an environment where many homeowners find themselves in a situation where they are “house rich” but

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debts of Sub V Corporate Debtors Can Be Nondischargeable As a matter of first impression, the Fifth Circuit recently held that in subchapter V proceedings, both corporate and individual debtors are

A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.

Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.

The same question has been sub judice in the Second Circuit for 15 months. Is the Second Circuit on the cusp of making a circuit split?