Consumer Bankruptcy

When, post-confirmation, a chapter 13 debtor sells his or her home, who gets the benefit of the appreciation: the debtor, or his or her creditors? Judge Randon in Michigan adopted the so-called “estate replenishment approach” and held that sale proceeds derived from post-confirmation appreciation of a home belong to the debtor.

Was the Guaranty Discharged? Best Practices for Creditors and Guarantors in Dealing with Post-Petition Relationships By Megan W. Murray Guaranties can be the lifeblood of loans, often adding credit support to a lender, which makes all the difference between a viable

In addressing Michigan county’s car-seizure and forfeiture practices, Sixth Circuit sets a clear benchmark for debtors.

What will become of the chapter 13 system if standing trustees must refund all fees collected in cases dismissed before confirmation? The answer is perhaps unexpected: Unsecured creditors in confirmed chapter 13 cases will pay the administrative expenses of cases that fail.

One of the most highly anticipated events of the year, ABI’s online Consumer Practice Extravaganza (CPEX) will return October 30-November 10, with on-demand access for an additional 60 days. Now in its third year, CPEX offers a wealth of CLE for the incredibly low price of just $100. Sessions this year will feature such topics as student loan discharge, chapter 13, subchapter V and artificial intelligence, as well as presentations on changes to forms and other matters. Find out more and register at cpex23.com!

The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.

Event Roundup Southeastern Practitioners Hit Florida’s Shoreline for July’s Southeast Bankruptcy Workshop Amelia Island, Fla., came alive when more than 300 insolvency professionals attended ABI’s Southeast Bankruptcy Workshop at The Ritz-Carlton, Amelia Island July 20

Supreme Court Grants Cert to Examine Purdue’s $6B Sackler Opioid Settlement The U.S. Supreme Court on Aug. 10 granted an emergency stay application to examine Purdue Pharma’s $6 billion settlement of opioid lawsuits against its Sackler family owners, agreeing to hear

The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.