Consumer Bankruptcy

Legislative Highlights October 2022

Oct 2022

Biden’s Student Loan Debt-Relief Plan: Will the Gears Stay in Motion Toward Implementation, or Grind to a Halt by Litigation?

Oct 2022

Transfer Occurs When Property Is Placed in Escrow or In Custodia Legis

When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.

Post-Confirmation Surrender of a Vehicle: Beyond § 1329?

Nov 2022

No Good Deed Goes Unpunished as COVID Forbearances Come Due

Nov 2022

When Bitcoin Meets Bankruptcy: Issues for Consumers in Cryptocurrency Bankruptcy Cases

One year ago, the value of cryptocurrencies exploded. Some invested their life savings to purchase crypto, [1] and some made lucrative, life-changing returns doing so. [2] By the summer of 2022, though, crypto had crashed. Many consumers had purchased and held their crypto using phone-based apps hosted by popular — and wildly successful — cryptoexchanges.

Does Mootness Arising on Appeal Strip the Lower Court Decision of Precedential Value?

Not reaching the merits, the Ninth Circuit nonetheless vacated a BAP decision because the case became moot during the appeal.

Discovery Skills in Consumer Cases

Homestead Proceeds May Be Exempt Under State Law but Not Under Section 522(d)(1)

Affirming the bankruptcy court, the Sixth Circuit BAP won’t exempt proceeds from the prepetition sale of a home, even though the proceeds were identifiable and in escrow.