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ABI Journal

Consumer Bankruptcy

Benchnotes August 2017

Aug 2017

Bankruptcy Code
109
11 U.S.C. § 105
11 U.S.C. § 362
11 U.S.C. § 544
363
506
524
1328
541
Topic Tags
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Venue/Jurisdiction
Consumer Bankruptcy
Business Reorganization
Health Care
International Insolvency
Real Estate
Unsecured Trade Creditors

Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds

Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.

9th Circuit

ABC Attorneys Key Players in Consumer Bankruptcy Commission

Aug 2017

Bankruptcy Code
CHAPTER 3 - Case Administration
CHAPTER 7 Liquidation
CHAPTER 13 - Adjustment of Debts of an Individual with Regular Income
Topic Tags
Certification
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds

Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.

5th Circuit
Texas
Texas Northern District

Debtor Must Turn Over a Portion of Accrued Vacation Pay to the Trustee, District Judge Holds

The value of prepaid family expenses belongs to the trustee, even without being a fraudulent transfer.

9th Circuit
Arizona

Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection

Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.

10th Circuit
Kansas

A Debt Purchaser Is Not a ‘Debt Collector’ Regulated by the FDCPA, Supreme Court Holds

Justice Gorsuch’s maiden opinion is a unanimous decision favoring debt purchasers.

Supreme Court

Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property

District judge refuses to give automatic stay protection to a tax evader.

6th Circuit
Michigan
Michigan Eastern District

Third Circuit Harmonizes Law v. Siegel with Marrama

Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.

3rd Circuit

Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, Circuit Holds

First Circuit narrowly interprets ‘arising in’ jurisdiction.

1st Circuit
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