Consumer Bankruptcy

Chapter 13 Debtor Can’t Sue to Avoid an Unperfected Mortgage, District Judge Says

Wisconsin district judge implies that a chapter 13 debtor might obtain ‘derivative standing’ to avoid an unperfected mortgage.

Benchnotes February 2023

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Multiple Affiliates: Every Action Taken for the Collective Estates Does Not Have to Be Good for Each Debtor Complex chapter 11 cases rarely involve a single debtor entity. Indeed, virtually every

A Password by Any Other Name … Remains a Digital Asset

A Password by Any Other Name ... Remains a Digital Asset By Jaden Banks In recent years, more and more people have traded, bought or sold digital assets, to the point that some 40 million Americans have actively invested in cryptocurrencies. 1 The increased use of

Like Willful Violations, Technical Stay Violations Are Void, Not Just Voidable

California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.

10 Lessons from 40 Years of Service

10 Lessons from 40 Years of Service By Clifford J. White III 1 I had the privilege of leading the U.S. Trustee Program (USTP), known as the “watchdog” of the bankruptcy system, for 17 years. In March 2022, I retired after more than 40 years in public service, almost all

Current IRS Expense Standards Used When Modifying a Chapter 13 Plan

Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.