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Consumer Bankruptcy

Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award

Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.
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Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say

Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.

Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.
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‘Cert’ Petition Wants Discharge Violations to Be Arbitrated

Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
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First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation

Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.
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Serial Bankruptcy Filings Can Result in a Conviction for Bankruptcy Fraud

Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.
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