Consumer Debt

Having 51% consumer debt doesn’t necessarily mean that the debtor has ‘primarily’ consumer debt.

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

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

The Case for Standing Chapter 13 Trustee Fee Retention in Pre-Confirmation Dismissals By Daryl J. Smith Chapter 13 is an essential component of the U.S. consumer bankruptcy system, offering debtors an opportunity to reorganize their finances and repay creditors over

Good-Faith Conversion Results in Retention of Post-Petition Appreciation By Michelle H. Bass Chapter 7 trustees in the Eighth and Ninth Circuits currently benefit from the holdings in Castleman 1 and Goetz. 2 These opinions permit the recovery and administration of post

Affirming Bankruptcy Judge Michael Romero, the district court holds that an exemption remains valid even though the exempt property remains subject to a nondischargeable domestic support obligation.