consumer Cases
May 18, 2020
Fourth Circuit answered a question of first impression where the lower courts disagreed.
May 15, 2020
Judge Klein’s opinion reads like an amicus brief urging the Supreme Court to grant ‘cert’ and resolve a circuit split by taking sides with the majority on Section 362(c)(3)(A).
May 14, 2020
Equity in property at the time of a hearing, not at filing, decides whether the court should compel abandonment, Sixth Circuit says.
May 7, 2020
For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.
May 6, 2020
Bankruptcy Judge Grossman explores the extent to which the Supreme Court’s Acevedo decision bars courts from granting relief retroactively.
April 28, 2020
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
April 23, 2020
Two recent decisions by the 9th Circuit BAP seem in conflict on a chapter 13 debtor’s ability to retain appreciation in the value of assets.
April 21, 2020
Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.
April 21, 2020
10th Circuit , Colorado ,
An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver
April 20, 2020
ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.