Consumer Bankruptcy

Discharge Revoked for Failure to Obey an Order Pending Appeal

To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.

Court :

9th Circuit

Idaho

No “Related To” Jurisdiction for a Chapter 7 Debtor’s Postpetition Malpractice Claims

A chapter 7 debtor’s postpetition legal malpractice claims are not estate property, BAP says.

Court :

9th Circuit

Inside ABI May 2018

May 2018

Topic Tags

Legislation

Practice and Procedure

Consumer Bankruptcy

Consumer Debt

Legislative Highlights May 2018

May 2018

Topic Tags

Legislation

Practice and Procedure

Consumer Bankruptcy

Consumer Debt

International Insolvency

Final Commission Public Hearing: Student Debt and Attorney Misconduct

May 2018

Topic Tags

Legislation

Practice and Procedure

Consumer Bankruptcy

Consumer Debt

Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit

An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.

Court :

9th Circuit

Liberating Debtors from “Sweatbox” and Getting Attorneys Paid: Bifurcating Consumer Chapter 7 Engagements

June 2018

Topic Tags

Ethics

Practice and Procedure

Professional Compensation/Fees

Consumer Bankruptcy

Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules

Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.

Court :

3rd Circuit

New Jersey

Still No Universal Test for Bifurcating an Auto Loan in Chapter 13

Courts are groping to define ‘personal use’ because Congress didn’t.

Court :

6th Circuit

Tennessee

Tennessee Eastern District

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