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Consumer Bankruptcy

Motions to Dismiss with Prejudice and the Effect in Chapter 13 Cases

Dec 2020

Bankruptcy Code
109
11 U.S.C. § 105
349
1307
Topic Tags
Practice and Procedure
Consumer Bankruptcy
Monday, October 26, 2020
Article Tags
Fraudulent Transfers
Consumer Bankruptcy
International Insolvency
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A Practical Pre-Filing Checklist

Dec 2020

Bankruptcy Code
727
Topic Tags
Consumer Bankruptcy

California Judge Explains Why Acevedo Doesn’t Bar Retroactive Orders

Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.

9th Circuit
California
California Eastern District

‘13’ Plans Already in Default on March 27 May Be Extended Under the CARES Act

Judge Grabill finds nothing in Section 1329(d) to preclude extending the duration of a plan if payments were already in default when the CARES Act was enacted on March 27.

5th Circuit
Louisiana
Louisiana Eastern District

Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?

Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.

Supreme Court

Key Bankruptcy Legislation Sent to the House Floor

Nov 2020

Bankruptcy Code
11 U.S.C. § 363
521
522
523
Topic Tags
Legislation
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Business Reorganization

Unrepentant Lender Slammed with $260,000 in Damages for an ‘Egregious’ Stay Violation

Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.

4th Circuit
North Carolina
North Carolina Western District

Chapter 13 Debtors Retain Appreciation in Property After Conversion or Plan Amendment

On an issue where the courts are split, the Tenth Circuit BAP sides with debtors and allows them to retain postpetition appreciation in the value of assets that were in the estate on filing.

10th Circuit
Attachment
aacer-sep-2020-nationwide-bankruptcy-filings-by-state-and-jurisdiction.xlsx
Friday, August 8, 2025
Article Tags
Consumer Bankruptcy
Business Reorganization
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