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Chapter 13 Debtor Can’t Keep Postpetition Appreciation in Value of Stock Options

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.

HAVEN Act May Be Employed to Reduce Payments Under a Confirmed Chapter 13 Plan

Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment.

Fifth Circuit Stretches Equitable Notions to Bend Plain Language

A nonprecedential opinion applies Fifth Circuit authority to achieve a result that’s equitable for the debtor and creditors, and maybe also for a personal injury defendant.

Consumer Bankruptcy Legal Update (2020 Paskay Seminar)

Walk a Mile in My Shoes: The Ethics Challenges of Bankruptcy Attorneys Who Represent Debtors in Chapter 13 Cases

Bankruptcy Legislation in 2019 and 2020: Part II

A Deep Dive on Important Bankruptcy Cases

Update from the ABI Commission on Consumer Bankruptcy (2019 Chicago Consumer Bankruptcy Conference)

Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments

Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.

Consumer Cases in the Headlines