Consumer Bankruptcy

Death and Taxes

Individual Chapter 11 Cases: The Good, the Bad and the Ugly

From Conception Through Birth and Now an Adolescent: Views from Those Who Saw It All

In-Kind Income Excluded from Calculation of Current Monthly Income

Judge takes practical approach to decide what’s considered current monthly income.

Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?

Courts use four approaches to harmonize Butner with Segal v. Rochelle.

Chapter 7 Debtors Might Benefit from Jevic by Analogy

Otherwise-valueless exemptions might get value, depending on the outcome of Jevic.

Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13

To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.

Dismissal of a Chapter 13 Case Bars Invocation of Judicial Estoppel

Dismissing a chapter 13 case successfully retains the benefit of a lawsuit for the debtor alone.

Recent Decisions Bar Cramdown on Mixed-Use Principal Residences

Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.

Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs

State law overrides ‘significant policy concerns’ in Supreme Court decision.