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Consumer Bankruptcy

Legislative Highlights May 2019

May 2019

Topic Tags
Legislation
Consumer Bankruptcy

Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State

The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).

9th Circuit

Mothers Owed Child Support Weren’t Entitled to Notice in Father’s Bankruptcy, Circuit Says

Fifth Circuit in substance says that state law overcomes the Bankruptcy Code’s broad definition of who’s a creditor entitled to notice.

5th Circuit
Thursday, April 25, 2019
Article Tags
Court Administration
Creditors' Committee
Consumer Bankruptcy
Consumer Debt
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Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation

In Taggart v. Lorenzen, the justices sounded largely noncommittal, except for the Chief Justice, who seemed in the debtor’s camp favoring a stricter standard for contempt of the discharge injunction.

Supreme Court
Wednesday, April 24, 2019
Article Tags
Court Administration
Consumer Bankruptcy
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Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate

Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.

3rd Circuit
New Jersey
Tuesday, April 23, 2019
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Consumer Bankruptcy
Consumer Debt
Mortgage
Predatory Lending
Business Reorganization
Finance and Banking
Mass Torts
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Is the Applicable Commitment Period Applicable Post-Confirmation?

June 2019

Bankruptcy Code
1325
1329
Topic Tags
Plan Confirmation
Practice and Procedure
Consumer Bankruptcy
Discharge/Dischargeability
Friday, April 19, 2019
Article Tags
Court Administration
Fraud
Consumer Bankruptcy
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