Consumer Bankruptcy

Fifth Circuit Expands Bartenwerfer to Saddle Alter Egos with Nondischargeable Debts

An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.

Ethical Issues of Remote Practice: Remote Clients, and Debtor’s Counsel’s Duty to Investigate

With the U.S. Trustee Program announcing that § 341 meetings for all chapter 7 and 13 cases will be heading to Zoom, there is no turning back now. Most routine consumer bankruptcy cases can now be completed without the debtor ever leaving home.

Evaporating Equity: Charting a Course Through the Confusion of Chapter 13

When a debtor’s assets appreciate after filing a chapter 13 petition, historically that appreciation has inured to the debtor and not to the estate [1]. That norm is gradually evaporating, as courts are beginning to hold that post-petition appreciation belongs to creditors [2]. The ambiguity in chapter 13 of the Bankruptcy Code is responsible for shifting appreciation from debtors to creditors.

State Law Lines Up with Federal Judicial Estoppel When Assets Aren’t Scheduled

Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.

Tug-of-War over Post-Confirmation Appreciation in Chapter 13

Dec 2023

Bankruptcy Courts Have Statutory Power to Remove Voided Liens

Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.

The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation

Dec 2023

Faculty Biographies

So You Have Claims About This Claim?

Judicial Round-and-Round