Consumer Bankruptcy

A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says

A prevailing party can’t appeal arguably erroneous findings.

Delaware District Judge Says: Don’t Use ‘Nunc Pro Tunc’ When You Mean ‘Retroactive’

Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.

Debtor Can’t Be Punished for Shifting Legal Theories After an Unfavorable Decision

ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law.

Inside ABI April 2022

April 2022

No Withdrawal or Jury Trial on Claims that Lawyers Violated Section 526

The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct.

Sixth Circuit BAP Gives Priority Status to Obamacare’s Individual Mandate Penalty

A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.

Benchnotes May 2022

May 2022

Faculty Biographies (2022 Alexander L. Paskay Memorial Bankruptcy Seminar)

Consumer Practice Workshop, Part 2: Post-Filing Issues

Consumer Practice Workshop, Part 1: Pre-Filing Issues