Consumer Bankruptcy

Legislative Highlights January 2022

Jan 2022

Circuit Judge Finds No Constitutional or Statutory Right to Free PACER Access

At the courthouse, the public is only entitled to free access to papers filed in that district.

Benchnotes February 2022

Feb 2022

A Categorical Review of Abuses: From Civil Bad Faith to Criminal Bankruptcy Fraud

March 2022

Ninth Circuit Takes a Hard Line on What’s an Equivalent Tax Return for Dischargeability

Interpreting the hanging paragraph in Section 523(a), the Ninth Circuit sticks to the Beard test in deciding whether something is close enough to a tax return to justify discharging a tax debt.

On a Split, District Judge Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation

District judge in Colorado sides with the majority and doesn’t allow a chapter 13 trustee to be paid if dismissal occurs before plan confirmation.

Complaint Survives Against Chicago for Not Releasing Impounded Cars Immediately

Despite Fulton, a Chicago bankruptcy judge rules that the City of Chicago might have violated Section 362(a)(4), (a)(6) or (a)(7) by refusing to release impounded cars immediately after a debtor files a chapter 13 petition.

Faculty Biographies (2021 Consumer Practice Extravaganza)

Ethics: Hold or Fold Them?

Post-Filing Issue-Spotting