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Consumer Bankruptcy

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.

10th Circuit
Oklahoma
Oklahoma Western District

Benchnotes December 2021

Dec 2021

Bankruptcy Code
Section 362(k)
523
547
702
1141
1307
Topic Tags
Automatic Stay
Fraudulent Transfers
Legislation
Consumer Bankruptcy
Discharge/Dischargeability

Does Fulton Provide Relief for Colleges that Withheld Transcripts?

Dec 2021

Bankruptcy Code
11 U.S.C. § 362
11 U.S.C. § 365
524
542
707
1307
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Executory Contracts/Leases
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
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.

9th Circuit

Capped Landlord Claim Can Also Be Nondischargeable, Eighth Circuit Says

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

8th Circuit

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.

4th Circuit
South Carolina
Attachment
aacer-sept-2021-nationwide-bankruptcy-filings-by-state-and-jurisdiction.xlsx
Wednesday, October 8, 2025
Article Tags
Consumer Bankruptcy
Business Reorganization

Secret Creditors

Dec 2021

Bankruptcy Code
521
Topic Tags
Consumer Bankruptcy
Consumer Debt

Refusing to Release an Attachment After Filing Is No Stay Violation Following Fulton

Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.

3rd Circuit
Pennsylvania
Pennsylvania Middle District

Bifurcated Fee Arrangements Barred in Western District of Kentucky

Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.

6th Circuit
Kentucky
Kentucky Western District
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