Consumer Bankruptcy

Mental Health Issues

ABI’s Commission on Consumer Bankruptcy (2019 Hon. Steven W. Rhodes Consumer Bankruptcy Conference)

Inside ABI November 2019

Nov 2019

Legislative Highlights November 2019

Nov 2019

Circuit Split Narrows on the Automatic Stay and Turnover of Repossessed Cars

Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.

Another Appellate Court Bars Arbitration of ‘Core’ Claims

State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.

Discharge Is Enforceable Only in the Issuing District, Fifth Circuit Says

Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.

Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation

The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.

A Once and Future Muddle: The Ever-Uncertain Relationship Between §§ 1306(a) and 1327(b)

Dec 2019