Consumer Bankruptcy

Legislative Highlights December 2021

Dec 2021

Topic Tags

Merely ‘Technical’ Stay Violations Don’t Obviate Section 362(k) Sanctions, BAP Says

Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.

Court :

9th Circuit

Disastrous Litigation Strategy Didn’t Justify Stay Modification, Eleventh Circuit Says

Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.

Court :

11th Circuit

How Courts Continue to Grapple with Siegel and Statutory Commands

Jan 2022

Bankruptcy Code

11 U.S.C. § 105

1307

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

A Reversal of Fortunes: The Drop in Consumer Filings Is Running Out of Road

Jan 2022

Topic Tags

Consumer Bankruptcy

Consumer Debt

Tenancy-by-the-Entirety Exemption and What It Means to Be Exempt from the Process

Bankruptcy Code

Topic Tags

Income-Based Repayment Plans Are No Defense to Undue Hardship

Bankruptcy Code

Topic Tags

Discharge/Dischargeability

How Student Borrowers Lost the Promise of a Fresh Start

Bankruptcy Code

Topic Tags

Discharge/Dischargeability

Split Widens on Dischargeability for Third Party’s Violation of Securities Laws

Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).

Court :

8th Circuit

Minnesota

Monday, November 15, 2021

Article Tags

Claims

Bankruptcy Litigation

Court Administration

Creditors' Committee

Consumer Bankruptcy

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