Consumer Bankruptcy

Thursday, December 20, 2018

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Divorcing While Bankrupt Lays Traps for the Unwary

Matrimonial lawyers need bankruptcy and tax advice when the client is insolvent.

Court :

10th Circuit

Utah

Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent

New York judge allows insolvent parents to pay for a minor child’s expensive education.

Court :

2nd Circuit

New York

New York Southern District

First Circuit Terminates the Stay Entirely as to Repeat Filers

In the first opinion at the circuit level, the First Circuit latches onto the lousy drafting of Section 362(c)(3)(A) to end the automatic stay entirely, 30 days after the second filing within a year.

Court :

1st Circuit

Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds

By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.

Court :

11th Circuit

Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says

Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.

Court :

10th Circuit

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Consumer Bankruptcy

Business Reorganization

Full statistical charts.

Friday, December 7, 2018 - 12:00

Friday, December 7, 2018

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Court Administration

Fraud

Consumer Bankruptcy

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Attachment

aacer-nov-2018-nationwide-bankruptcy-filings-by-state-and-jursidiction.xlsx

Wednesday, August 6, 2025

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Consumer Bankruptcy

Business Reorganization