Consumer Bankruptcy

The Persistence of Bankruptcy Stigma

Benchnotes August 2018

Aug 2018

Courts Split on Paying Chapter 13 Debtor’s Counsel if Conversion Precedes Confirmation

Arizona judge declines to expand Harris v. Viegelahn to cases when conversion precedes confirmation.

Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years

Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.

A Fresh Start with Flexibility: Consumers Can Modify the Treatment of a Secured Claim in a Confirmed Plan to Surrender Collateral Under § 1329

Aug 2018

Colleges Beat Back Another Fraudulent Transfer Suit Aimed at Tuition Payments

Federal student loan proceeds were never the parents’ property and thus could not be recovered by a trustee.

Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.

Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.

Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award

Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.

Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say

Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.