Consumer Bankruptcy

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.

Late-Allowed Vehicle Claims and the Importance of Finality

June 2024

Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality

Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.

Late-Allowed Vehicle Claims: Striving for a More Just Result

June 2024

Judge Easterbrook Says: Bankruptcy Court Could Set Aside Erroneous State Court Ruling

By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.

Murder on the Chapter 13 Express

Reforming Attorneys’ Fees in Chapter 7 Bankruptcy: Lessons from Proposed Chapter 10 Bankruptcy

A Bankrupt Defendant Complicates Filing an Appeal Against Everyone Else

The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.

Arizona Supreme Court Says RVs Aren’t Exempt Homesteads Because They Move

Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.