Consumer Bankruptcy

ABC Attorneys Key Players in Consumer Bankruptcy Commission

Aug 2017

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.

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.

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Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.

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.

Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property

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

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.

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

First Circuit narrowly interprets ‘arising in’ jurisdiction.

Third Circuit Permits Last Chapter 13 Plan Payment Beyond 60 Months

Two circuits allow discretion for non-culpable debtor to make payment after five years.

Faculty Biographies (2017 Central States Bankruptcy Workshop)