Consumer Bankruptcy

President’s Column One of the questions that I’m always happy to hear, and one of the questions that makes me the happiest to answer, is this: “How do I get more involved with ABI?” I’ve put together a nonexclusive list of suggestions in this month’s column. Member

Judge Isicoff explains why Schwab refines but does not overrule Taylor and why Schwab does not apply to unlimited exemptions.

Only one circuit court has opined on the ability of a bankruptcy court under Rule 9006(b) to extend the deadline for filing avoidance actions.

Even under a narrow test requiring bodily injury, a domestic abuse claim is a ‘personal injury tort claim,’ BAP says.

Amicus briefs are needed so the Supreme Court sees the big picture and understands that creditors can suffer if judicial estoppel is applied indiscriminately.

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack 1 Third Circuit Discusses Equitable Authority to Appoint Receivers for Corporations, Ownership of Successor-Liability Claims In a consolidated appeal, the Third Circuit considered the issues of

Should Courts Use the Separate-Filings Rule to Allocate Tax Refunds Among Spouses? By James C. Lanik When spouses file a joint chapter 7 petition, two estates are created, 1 although those estates are typically jointly administered. 2 The allocation of joint tax refunds

The lack of ‘pecuniary interest’ may deprive a chapter 7 debtor of constitutional standing, even though the debtor is a ‘party in interest.’

The Separate-Filings Rule Is Neither Practical nor Equitable for Debtors or the Estate By Edward Boltz The separate-filings rule is often described as the most technically precise approach to allocating joint tax refunds between spouses in bankruptcy — yet precision is

The Ninth Circuit holds that claim preclusion doesn’t prevent a debtor from claiming federal exemptions after the bankruptcy court has denied state exemption.