Consumer Bankruptcy | ABI

Legislative Highlights November 2021

Topic Tags

Consumer Bankruptcy

Business Reorganization

Status Conferences to Continue Prepetition State Court Suits Don’t Violate the Stay

The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.

Court :

Three-Year Bar to Refiling in Chapter 13 Imposed for ‘Vexatious, Frivolous’ Litigation

Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.

Court :

Texas Northern District

Bar Date Notice by Email Is Insufficient, Delaware’s Judge Goldblatt Says

Notice by email may satisfy due process but doesn’t comply with notice by ‘mail’ under Bankruptcy Rule 2002.

Court :

Barton Didn’t Stop Creditors from Garnishing a Chapter 13 Trustee After Dismissal

The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.

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Oklahoma Western District

Benchnotes December 2021

Bankruptcy Code

Topic Tags

Fraudulent Transfers

Consumer Bankruptcy

Discharge/Dischargeability

Does Fulton Provide Relief for Colleges that Withheld Transcripts?

Bankruptcy Code

11 U.S.C. § 362

11 U.S.C. § 365

Topic Tags

Bankruptcy Litigation

Executory Contracts/Leases

Practice and Procedure

Consumer Bankruptcy

Discharge/Dischargeability

Finance and Banking

Disclosing a Lawsuit Only in the SOFA Won’t Result in Abandonment, Circuit Says

Disclosing a lawsuit in the SOFA and discussing the suit with the trustee was no substitute for listing the suit among a debtor’s assets, the Ninth Circuit held.

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Capped Landlord Claim Can Also Be Nondischargeable, Eighth Circuit Says

Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.

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Bad Faith Permits Dismissal of a Chapter 13 Case with Conditions, Judge Waites Says

Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.

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