Consumer Bankruptcy

Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation

Ninth Circuit splits with the First on the interpretation of Section 106(a).

Judges Split on Denial of Chapter 13 Discharge for Missing Direct Mortgage Payments

Illinois judges disagree on whether direct payments to a mortgagee are “under the plan” and must be made in full to obtain a chapter 13 discharge.

Faculty Biographies (2018 Southwest Bankruptcy Conference)

How to Handle Challenging Clients and Conflict Issues in Individual Cases

Very Good Debates (2018 Southwest Bankruptcy Conference)

Two Circuits Agree on When Social Security Benefits Accrue

The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.

Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute

Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.