Consumer Bankruptcy

The Consumer Bankruptcy Reform Act: The Uncoupling of Debts By Brittany M. Woodman The Consumer Bankruptcy Reform Act (CBRA), originally introduced in December 2020, was reintroduced in September 2022 by Sen. Elizabeth Warren (D-Mass.) and Rep. Jerrold Nadler (D-N.Y.)

An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.

An election for having a tax refund applied to the following year’s taxes can result in the loss of discharge.

Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.

The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.

A discharge in bankruptcy by itself does not start the statute of limitations running on a defaulted mortgage, Colorado Supreme Court holds.

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Second Circuit Limits Who May Assert a Cure Claim Under § 365(b)(1)(A) The Second Circuit recently held that a creditor who seeks to assert a “cure claim” under § 365(b)(1)(A) of the Bankruptcy

Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.

A secured lender who doesn’t file a claim doesn’t get paid by the chapter 13 plan and keeps its lien, but can’t reclaim the collateral during the life of the plan.

President’s Column I transition into the coming year following a year of accomplishments under the presidency of Hon. Kevin J. Carey (ret.) of Hogan Lovells US LLP (Philadelphia). I would be remiss not to acknowledge the mentoring that I have received from the