Consumer Bankruptcy

Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

Courts Split on Denying a Chapter 13 Discharge for Failure to Make Direct Payments

Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.

Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement

The parties’ wishes are insufficient to justify sealing.

Interim Fee Awards in Chapter 13 Are OK Before Conversion

District judge changes local practice in the bankruptcy court on interim awards in chapter 13.

Failing to Turn Over Tax Returns Isn’t Fatal to a Chapter 7 Filing

Debtors aren’t required to turn over tax returns that don’t exist.

Keynote Address: Supreme Court Review