Consumer Bankruptcy

Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.

What’s a settlement of a personal injury claim? Is it income earmarked for creditors in chapter 13?

The appeal involved the sale of defensive appellate rights but wasn’t grounds for the decision by the Eighth Circuit.

The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11 By Donald L. Swanson The absolute-priority rule has always prevented individuals from reorganizing under chapter 11. The absolute-priority rule is a chapter 11 plan-confirmation

President’s Column As I have often said, being a judge is a privilege. In a job full of privileges, two of the happiest — and most meaningful — things that I ever got to do is preside over naturalization ceremonies for new American citizens, and officiate weddings. Once

In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.

A district court in New York holds that denial of a settlement motion is not final and not appealable.

To Tell or Not to Tell Isn’t Really a Question: A Debtor’s Duty to Disclose By Hon. Elizabeth L. Gunn and Nisha R. Patel 1 The filing of a bankruptcy petition creates an estate comprised of “virtually all the debtor’s assets,” 2 or, more specifically, “all legal or

“What Happens Post-Petition Stays Post-Petition!”: A Debtor Is Not Required to Disclose Assets Acquired Beyond the Subset of § 541(a)(5) Property Within 180 Days of the Petition By David Cox At the outset, it is important to clarify the issue that this article addresses

Partial Surrender of Personal Property Secured by a Cross-Collateralized Loan Under § 1325(a)(5) By Maxwell Milavetz and Sarah Laybourne Cross-collateralized loans are attractive to creditors who can leverage equity in one piece of collateral toward security interests