Consumer Bankruptcy

Second Circuit Updates with Bill Rochelle

When an Objection Is Required for an Exemption Covering ‘100% of FMV’

Judge Hoffman explains when objections are or aren’t required for exemptions covering ‘100% of FMV’ under the current form 106C.

Faculty Biographies (2025 Rocky Mountain Bankruptcy Conference)

Fireside Chat with Retiring Judges

Hot Topics: Selected Cases of Interest from 2024 and 2025

In Setting Aside a Tax-Lien Foreclosure, a Hypothetical Gave Standing to the Debtor

If state law prohibits assertion of the homestead exemption in tax foreclosure and the debtor can’t take federal exemptions, does the debtor lack standing to set aside a fraudulent transfer?

How to Liquidate a Secured Lender’s Collateral and Still Get Paid

To liquidate an underwater lender’s collateral, there must be a carveout giving unsecured creditors a ‘meaningful distribution.’

Like 18th Century England, There’s No Jury Trial Right for Stay Violations

Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.

Chapter 13 Plan Modifications Can Reduce the Commitment Period and the Payments

A decision by Bankruptcy Judge Maria Oxholm explains why chapter 13 plan amendments sometimes may be easier after confirmation than before.

Four Circuits Align: Section 1322(c)(2) Permits Bifurcating a Short-Term Mortgage

When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.