Displaying with Topic Consumer Bankruptcy

District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.

Income is included in calculating CMI, even if it’s not ‘stable and regular.’

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.

Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.

Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.

To suffice as an objection to exemption, a complaint must be filed within 30 days of the creditors’ meeting.

Fourth Circuit avoids a result that would have left some debtors ineligible for any exemptions.

A trust designed to defeat the claims of creditors can sometimes hold up in bankruptcy.

To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.