Consumer Bankruptcy

Debtor Can’t Avoid and Preserve a Lien for Tax Penalties for the Debtor’s Benefit

A trustee can avoid and preserve a tax lien for the benefit of unsecured creditors, but a debtor can’t if the debtor hasn’t paid the taxes, the Ninth Circuit says.

Section 727(a)(3) Isn’t a Catchall Denying Discharge for All Manner of Fraud

Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.

Dependence on Parental Financial Assistance Meant Student Loans Were Dischargeable

The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.

‘13’ Trustees Are Paid Even if Dismissal Comes Before Confirmation, District Judge Says

A chapter 13 trustee is not a federal employee for the purposes of the Federal Tort Claims Act.

Are Inheritances Estate Property in Chapter 13? You Decide

Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.

We Really Do CARES: Mortgages, Moratoriums, Modifications and In re Kinney

Legislative Highlights February 2022

Feb 2022

Tenth Circuit: Debtors Retain Appreciation in a Home Sold Before Conversion to ‘7’

The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?

Faculty Biographies (2022 Rocky Mountain Bankruptcy Conference)