Consumer Bankruptcy

West Virginia Jul 2, 2025

Unexpected Income Required Modification of a Chapter 13 Plan

Judge Rebecca B. Connelly allowed a debtor couple to retain enough unexpected income to pay deferred maintenance on the debtors’ home.
9th Circuit May 12, 2025

Proven Fraud Won’t Always Cut Down the Amount of a Homestead Exemption, BAP Says

To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.

Sixth Circuit Restricts Ability to Surrender Collateral and Modify a Chapter 13 Plan

Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.

There’s Reciprocal Fee-Shifting in California When a Contract Has Unilateral Fee-Shifting

In California, bringing litigation with a marginal possibility of success could be a bad bet whenever a contract permits one side to recover attorneys’ fees.
7th Circuit Jun 20, 2025

Comparative Fault Doesn’t Require Reduced Attorneys’ Fees for Discharge Violations

Seventh Circuit holds that comparative fault requires a reduction in compensatory damages for a discharge violation but not for a debtor’s attorneys’ fees.

Inside ABI July 2025

President’s Column This is the first column that I’ve written after this year’s Annual Spring Meeting, and although it will be summer before you read these words, that conference is still fresh in my mind. I loved seeing many of you at the conference, enjoying the top

Legislative Highlights July 2025

Legislative Highlights Bipartisan Legislation Introduced to Double Chapter 7 Trustee Compensation for No-Asset Cases Sen. Chris Coons (D-Del.) on May 7 introduced S. 1659, the “Bankruptcy Administration Improvement Act of 2025,” 1 to double the compensation payable to

Benchnotes August 2025

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Ninth Circuit: Section 1322(c)(2) Allows Bifurcation of Short-Term Loans Secured Against Debtors’ Primary Residences In Mission Hen LLC v. Lee, 2 the Ninth Circuit considered whether the debtor’s

9th Circuit Jun 11, 2025

State Bar Disciplinary Proceedings Aren’t Barred by the Automatic Stay or Discharge

A BAP decision raises the question of whether Ninth Circuit authority has been implicitly overruled by Supreme Court decisions.