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Consumer Bankruptcy

Inside ABI May 2020

May 2020

Topic Tags
Fraudulent Transfers
Consumer Bankruptcy
International Insolvency
Small Business

Section 362(b)(1)’s Incorporation of Certain Civil Contempt Orders

Aug 2020

Bankruptcy Code
11 U.S.C. § 362
Topic Tags
Automatic Stay
Consumer Bankruptcy
Consumer Debt
Finance and Banking
Lender Liability
Real Estate

Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections

Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.

11th Circuit
Georgia
Georgia Northern District

Navigating Restructuring Considerations and Managing Distress Amid COVID-19

July 2020

Topic Tags
Asset Sales
Claims
Bankruptcy Litigation
Corporate Governance
Ethics
Financial Advisors
Legislation
Plan Confirmation
Practice and Procedure
Preferences
Valuation
Consumer Bankruptcy
Consumer Debt
Business Reorganization
Commercial Fraud
Covid19
Finance and Banking
International Insolvency
Labor/Employment
Lender Liability
Mass Torts
Municipal Bankruptcy
Public Companies and Claims Trading
Turnaround Issues

Chapter 13 Debtor Can’t Keep Postpetition Appreciation in Value of Stock Options

Two recent decisions by the 9th Circuit BAP seem in conflict on a chapter 13 debtor’s ability to retain appreciation in the value of assets.

9th Circuit
Wednesday, April 22, 2020
Article Tags
Court Administration
Consumer Bankruptcy
Business Reorganization
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As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says

An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver

10th Circuit
Colorado

Justices Postpone Argument in Fulton until the Supreme Court’s Next Term

Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.

Supreme Court

Courts Must Rule on ‘Comfort Orders’ When Requested, BAP Says

ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.

9th Circuit
Tuesday, April 14, 2020
Article Tags
Court Administration
Consumer Bankruptcy
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
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