Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California
Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?
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Kansas City Payday Lender Pleads Guilty to Bankruptcy Fraud
Del Kimball, a prominent figure in Kansas City’s payday lending scene, waived a federal indictment on Tuesday afternoon and pleaded guilty to a bankruptcy fraud charge, the Kansas City Star reported. Kimball, 53, appeared before U.S. District Court Judge Beth Phillips, who accepted Kimball’s guilty plea. He’s set for sentencing on June 2; he will remain out on personal recognizance bond until then, so long as he does not travel outside of the Kansas City area and surrenders his passport. He faces no more than five years in prison and up to a $250,000 fine. The charges against Kimball stem from his personal bankruptcy case from 2015. Kimball, as well as a downtown Kansas City payday loan company he co-owned called LTS Management, were forced into involuntary bankruptcy by creditors claiming to be owed millions of dollars from investments into payday lending. In 2017, a bankruptcy trustee accused Kimball of concealing assets, bank accounts and income from his bankruptcy disclosures. Debtors in bankruptcy are supposed to reveal all aspects of their financial condition. Those omissions, according to the trustee, included his sale of a warehouse for nearly $1 million, the sale of three cars for more than $120,000, eight wristwatches worth more than $29,000 and a painting by Rolling Stones guitarist Ronnie Wood.
No Retroactive Adequate Protection in Chapter 13, Judge Trust Says
Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.
The Standards for a Pre-Filing Injunction Against a Vexatious Litigant
The record as a whole and the likelihood of further abuse justify a pre-filing injunction.
Cross-Collateralization Turns Two Loans into One Claim in the Fifth Circuit
When personal property loans are cross-collateralized, a chapter 13 plan must use the same option for cramming down both loans, the Fifth Circuit says.
Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.
Supreme Court Holds that Merely Holding Property Isn’t a Stay Violation
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
Even with Knowledge of Bankruptcy, Discharge Contempt Requires Notice of Discharge
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
Another Court Lets the Debtor Keep Appreciation in a Home on Conversion from 13 to 7
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
ABI's Updated Edition of Thorny Issues in Consumer Bankruptcy Provides Insights on Complex Issues Arising in Consumer Cases
Alexandria, Va. — ABI’s updated Thorny Issues in Consumer Bankruptcy Cases, Second Edition focuses on many issues that offer complex challenges to consumer bankruptcy practitioners. Written by leading members of ABI’s Consumer Bankruptcy Committee, Thorny Issues takes a look at matters such as exemptions and discharges, the automatic stay, death and inheritance, how to choose the “right” chapter for a particular debtor and much more. It also includes an analysis and discussion of the ABI Consumer Commission Report (released in 2019).
Authors who helped supply the updates to this essential ABI consumer bankruptcy title were Michelle Bass of Wolfson Bolton PLLC (Troy, Mich.), John Bollinger of the Boleman Law Firm, PC (Hampton, Va.), Richard J. Cole, III of Cole & Cole Law, P.A. (Sarasota, Fla.), David Cox of Cox Law Group (Lynchburg, Va.), Heather Giannino of Heavner, Beyers & Mihlar, LLC (Decatur, Ill.), Chris Hawkins of Bradley Arant Boult Cummings LLP (Birmingham, Ala.), Keith J. Larson of Seiller Waterman, LLC (Louisville, Ky.) and Jon Jay Lieberman of Sottile & Barile LLC (Loveland, Ohio). Thorny Issues is available for purchase in the ABI Store via the following link: https://store.abi.org/thorny-issues-in-consumer-bankruptcy-cases-second-edition.html.
Press interested in obtaining a copy of Thorny Issues in Consumer Bankruptcy Cases, Second Edition or speaking with the co-authors can contact ABI Public Affairs Officer John Hartgen at 703-894-5935 or jhartgen@abiworld.org.
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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 11,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/education-events.