Consumer Bankruptcy

The Rest of the Story, Sugar

The Rest of the Story, Sugar By Hon. Elizabeth L. Gunn and Olivia Woodmansee In March 2025, when the Fourth Circuit reversed the dismissal of a chapter 13 debtor’s case with prejudice after she sold her home post-petition without a prior court order and in violation of

3rd Circuit Sep 3, 2025

Circuit Judge Ambro Scribes the Boundaries Between Rooker-Feldman and Preclusion

A final judgment on an issue in state court doesn’t by itself deprive federal courts of subject matter jurisdiction under the Rooker-Feldman doctrine, the Third Circuit explains.

A Tax Foreclosure Ok Under Tyler Can Still Be a Fraudulent Transfer

A tax foreclosure that isn’t an unconstitutional taking can still be a constructively fraudulent transfer depending on when and how the debtor receives the equity above the delinquent taxes.
10th Circuit Aug 19, 2025

Entire Tax Refund Was Exempt, Not Just the Pro Rata Child Tax Credit

The Tenth Circuit interprets a state exemption statute ‘liberally’ in favor of the debtor.

Inside ABI September 2025

President’s Column As I write this, I’m in the midst of a multi-hour delay at Jacksonville, Fla., airport on what has been a “three conferences in three weeks” tour: ABI’s Northeast Bankruptcy Conference & Consumer Forum in my old stomping grounds at Bretton Woods, N.H

Legislative Highlights September 2025

Legislative Highlights GENIUS Act Signed into Law to Provide Framework for Stablecoins President Donald J. Trump on July 18 signed the “Guiding and Establishing National Innovation for U.S. Stablecoins Act” (GENIUS Act; Public Law No. 119-27 1) into law to establish a

10th Circuit Aug 15, 2025

Proceedings for Contempt of a State Court Order Weren’t Stay Violations, BAP Says

An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.
New Mexico Aug 15, 2025

A Disappointed Bidder Didn’t Have Prudential Standing in a Chapter 7 Case

In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.

Disgorgement Was the Remedy for Failure to Disclose a Post-Petition Retainer

Disclosing a post-petition retainer in a monthly operating report wasn’t a substitute for disclosure required by Rule 2016(b)(2).