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Consumer Bankruptcy

Courts Split on Whether Bankruptcy Discharges Future Liability on a Guarantee

Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.

7th Circuit
Wisconsin
Wisconsin Eastern District

‘Economic Unit Approach’ Best Fixes the Size of a ‘Household,’ Judge Larson Says

The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.

5th Circuit
Texas
Texas Northern District

Even if Ineligible for Chapter 13, the Debtor Still Has an Absolute Right to Dismiss

The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.

9th Circuit
Thursday, October 27, 2022
Article Tags
Fraud
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
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Legislative Highlights November 2022

Nov 2022

Topic Tags
Bankruptcy Litigation
Consumer Bankruptcy
Business Reorganization

Benchnotes December 2022

Dec 2022

Bankruptcy Code
11 U.S.C. § 362
11 U.S.C. § 365
the Debtor and the Estate›Subchapter I - Creditors and Claims›502
523
1325
Topic Tags
Automatic Stay
Executory Contracts/Leases
Plan Confirmation
Consumer Bankruptcy
Discharge/Dischargeability
Mortgage

Sixth Circuit Holds that Tax Foreclosure Violates the Takings Clause of the Constitution

If tax foreclosures violate the Takings Clause, it stands to reason that they are also fraudulent transfers.

6th Circuit

Exceptions for Discharge Under Chapter 7

Oct 2023

Bankruptcy Code
523
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

Oversight Results in Uncertainty for Small Business Owners Converting to Subchapter V

June 2023

Bankruptcy Code
1189
348
1112
1121
Topic Tags
BAPCPA at 10
Bankruptcy Litigation
Consumer Bankruptcy
Business Reorganization

Form over Substance Leaves a Precarious Remedy for Violations Against Corporate Estates

April 2023

Bankruptcy Code
101
105
321
362
Topic Tags
Automatic Stay
Bankruptcy Litigation
Practice and Procedure
Consumer Bankruptcy
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