Consumer Bankruptcy

Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.

Assessing In re Topp’s Impact on Interest Rates for Secured Creditors By Michael Miller The U.S. Court of Appeals for the Eighth Circuit decided Farm Credit Servs. of Am. FLCA v. Topp (In re Topp) on Aug. 3, 2023. 1 The central issue was this: Does the U.S. Supreme

In the Fourth Circuit, creditors are compensated when there is a ‘substantial improvement’ in a chapter 13 debtor’s financial condition.

Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.

Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.

President’s Column It has been a fast-paced time frame, and several events warrant mention: the annual meeting of the National Conference of Bankruptcy Judges (NCBJ), along with ABI’s Midwestern Bankruptcy Institute, International Insolvency & Restructuring Symposium

Legislative Highlights The “National Guard and Reservists Debt Relief Extension Act of 2023” Passes out of House Judiciary Committee H.R. 3315, the “National Guard and Reservists Debt Relief Extension Act of 2023,” passed out of the House Judiciary Committee on a 24-0

New EOUST Director Discusses the Path to Her Position, Tackling Current Challenges and What Lies Ahead T ara Twomey was appointed director of the Executive Office for U.S. Trustees (EOUST) on Feb. 27, 2023. She was previously executive director of the National Consumer