Consumer Bankruptcy | ABI

Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says

Judicial estoppel requires ‘an effort to game the bankruptcy system.’

Court :

Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds

A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.

Court :

Foreclosure Tuesday in Georgia

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Consumer Bankruptcy

Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees

Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.

Court :

New York Southern District

Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy

Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’

Court :

Seventh Circuit Allows Anticipated Tax Refunds to Be Offset by Expenses in Chapter 13

On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.

Court :

May 2018 Benchnotes

Bankruptcy Code

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Executory Contracts/Leases

Consumer Bankruptcy

Business Reorganization

Unsecured Trade Creditors

Inside ABI April 2018

Topic Tags

Consumer Bankruptcy

Business Reorganization

Legislative Highlights April 2018

Topic Tags

Consumer Bankruptcy

Business Reorganization

Court May Depart from the Code When the Debtor Consents and No One Objects

Unique facts were again the basis for a result seemingly at odds with the statute.

Court :

New York Northern District

Subscribe to %1