Consumer Bankruptcy | ABI

Inside ABI June 2025

Topic Tags

Consumer Bankruptcy

Business Reorganization

Legislative Highlights June 2025

Topic Tags

Consumer Bankruptcy

Business Reorganization

Sales Under § 363(h): Balancing Trustee Authority and Nondebtor Rights in Chapter 7 and 13 Cases

Bankruptcy Code

Topic Tags

Consumer Bankruptcy

Segal v. Rochelle May Remain Good Law Only in Limited Circumstances

The elaborate definition of ‘estate property’ in Section 541(a) may have superseded the 1966 ‘sufficiently rooted’ analysis in Segal.

Court :

Georgia Southern District

No Circuit Split: 4 Circuits Say No ‘13’ Trustee Fees if Dismissal Precedes Confirmation

Although lower courts have disagreed, the Second Circuit joined three other circuits in holding that a standing trustee may not retain the percentage fee when chapter 13 cases are dismissed before confirmation. Consequently, ‘13’ debtors with confirmed plans pay standing trustees’ fees.

Court :

A Chapter 11 Debtor May Sometimes Prosecute an Appeal After Conversion to Chapter 7

After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.

Court :

The ‘Domestic Violence’ Stay Exception Applies to Sexual Violence Decades Earlier

Bankruptcy Judge Robert Mark held that the Section 362(b)(2)(A)(v) exception to the automatic stay covers more than imminent or ongoing sexual abuse.

Court :

Florida Southern District

In ‘13,’ a Creditor Wanted Debtors’ Counsels’ Fees to Come Last, Not First

Chicago’s Bankruptcy Judge Donald Cassling nixed an idea that would have made chapter 13 unpalatable for debtors’ counsel.

Court :

Illinois Northern District

Equity Won’t Extend the Deadline for Filing a Dischargeability Complaint

The circuits are split on whether equity can extend the 60-day deadline for filing dischargeability complaints.

Court :

Pennsylvania Eastern District

Ninth Circuit BAP Limits Bartenwerfer on Vicarious Liability for Nondischargeability

The Ninth Circuit BAP explains why Bartenwerfer didn’t open the door to vicarious liability for all forms of nondischargeability in Section 523(a).

Court :

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