Consumer Bankruptcy

Legislative Highlights September 2023

Sept 2023

Eleventh Circuit Narrowly Reads a State Fee-Shifting Statute

The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.

Hot Topics and Ethical Issues in Consumer Cases

State Court Is the ‘More Appropriate Forum’ to Divide Marital Property

The bankruptcy court can divide marital property, but just because it can doesn’t mean it should, Judge Thuma says.

Bifurcated Fee Arrangements in Chapter 7 Bankruptcies: Avoiding the Ethical Pitfalls

Faculty Biographies (2023 Southwest Bankruptcy Conference)

Supreme Court Jurisprudence

Chapter 7/Chapter 13 Conversions

Fourth Circuit: State Law Claims for Discharge Violations Are Not Preempted

The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.