Consumer Bankruptcy

Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed

New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim.

Is There a Lien on Entireties Property from a Judgment Against Only One Spouse?

Eighth Circuit undertakes an arcane analysis of a question with little practical consequence.

State Consumer Protection Law Preempted by the Bankruptcy Code

Preemption easier to find than implied repeal, Chicago district judge says.

District Courts Lack Jurisdiction to Enforce Discharge Injunctions

Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.

Annual Case Law Update: Part 1

Annual Case Law Update: Part 2

Annual Case Law Update: Part 3

Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud

For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.

Ninth Circuit Now Requires Paying Default Interest to Cure a Default

Divided panel holds that Section 1123(d) overruled Entz-White.