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Consumer Bankruptcy

Courts Split on Allowing Credit Counseling on the Same Day but After Filing

Judge follows statutory language that didn’t achieve the result Congress intended.

4th Circuit
North Carolina
North Carolina Western District
Monday, March 13, 2017
Article Tags
Court Administration
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
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Georgia Courts Disagree on Redeeming Pawn Property in a Chapter 13 Plan

Bankruptcy court disregards district court opinion on redemption of pawned property.

Florida Judge Plunges into the Split on Enforcing Arbitration Agreements

Debtor must arbitrate a violation of the discharge injunction.

Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery

Ninth Circuit majority goes for a difficult issue when an easier answer was available.

9th Circuit

Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify

Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.

6th Circuit
Article Tags
Consumer Bankruptcy
Business Reorganization

Full story.

Paying a Retainer by Credit Card Does Not by Itself Violate Section 526(a)(4)

Judge ok’s scheme sticking a credit card lender with the retainer for the debtor’s lawyer.

Friday, March 3, 2017
Article Tags
Fraud
Consumer Bankruptcy
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Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds

Financial professional was held to a higher standard in valuing estate assets.

4th Circuit
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