Consumer Bankruptcy

Evidence and Trial Skills in Consumer Bankruptcy Cases

Trustees, Unusual Assets and the Unwary: How to Keep a Discharge and Not Be Sued for Malpractice

Benchnotes October 2018

Oct 2018

Case Law and Rules Update: Parts I and II

Chicago Must Return Impounded Cars Immediately After a Chapter 13 Filing

Judge Thorne rules that exceptions to the automatic stay do not allow the City of Chicago to retain possession of impounded cars.

Circuit Split Narrows on the New Value Defense to a Preference

Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.

The Estate of a Deceased Debtor May Obtain a Chapter 13 Discharge

Oct 2018

There Are No Fractions of a Household in Tacoma, Washington

Judge Lynch of Tacoma follows Idaho’s Judge Pappas in determining the size of a ‘household’ when someone is a part-time resident.

Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11

Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.

FDCPA Applies to Debt Collectors Even if They Own the Debt

Thomas Ambro on the Third Circuit answers a question the Supreme Court left open in <em>Henson v. Santander</em>.