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ABI Journal

Consumer Bankruptcy

Tuesday, March 26, 2024
Article Tags
Consumer Bankruptcy
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Supreme Court Rules on Mootness, but Not Equitable Mootness

The unanimous decision on March 19 by Justice Gorsuch contains language that could be used on both sides of the argument about the validity of equitable mootness.

Supreme Court

Dividing Love: How Bankruptcy Proceedings and State Laws Can Separate Pets from Their Owners

June 2024

Bankruptcy Code
522
541
Topic Tags
Consumer Bankruptcy

Benchnotes May 2024

May 2024

Bankruptcy Code
109
502
523
546
1127
1307
1521
Topic Tags
Claims
Bankruptcy Litigation
Ethics
Fraudulent Transfers
Preferences
Consumer Bankruptcy
Discharge/Dischargeability
Friday, March 22, 2024
Article Tags
Court Administration
Fraud
Consumer Bankruptcy
Covid19
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Thursday, March 21, 2024
Article Tags
Practice and Procedure
Consumer Bankruptcy
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Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption

The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.

11th Circuit

A ‘13’ Debtor Can’t Dismiss After Conversion to ‘7,’ Tenth Circuit BAP Says

A 14-day stay under Rule 7062 might have saved the chapter 13 debtor’s right to dismiss under Section 1307(b).

10th Circuit

Being a ‘Net Winner’ in a Ponzi Scheme Doesn’t Automatically Mean Nondischargeability

Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’

4th Circuit
North Carolina
North Carolina Eastern District

Another Circuit Says Creditors Take Appreciation When a ‘13’ Case Converts to ‘7’

The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.

8th Circuit
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