consumer Cases
February 16, 2023
An act of Congress that waived sovereign immunity for Marines at Camp Lejeune meant that personal injury tort claims did not arise when the injury was sustained.
February 10, 2023
To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.
February 7, 2023
The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.
February 2, 2023
In a case irreconcilable with two recent opinions from the Eleventh Circuit, the Fifth Circuit invokes Barton to bar a lawsuit against a trustee after the bankruptcy case had been closed.
January 29, 2023
Judge Neil Bason allows a chapter 11 debtor to distribute the proceeds from the sale of a cannabis business.
January 27, 2023
Bankruptcy Judge Gunn from D.C. sides with the majority to hold that “personal injury” does not require physical injury but may include reputational harm.
January 26, 2023
Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.
January 25, 2023
The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.
January 23, 2023
Circuit Judge Frank Easterbrook tersely held that the Supreme Court’s Barnhill opinion overruled prior Seventh Circuit precedent.
January 20, 2023
The first court of appeals to rule on a question where lower courts are split, the Tenth Circuit finds the statute unambiguous and requires a chapter 13 trustee to disgorge his or her fee if the case is dismissed before confirmation.