Consumer Bankruptcy, Chapter 13

Medical Debt and Bankruptcy: Myths, Realities, and Pathways to Relief

Stotler Hayes Group, LLC on 8/30/2024

As one of the more toxic topics in the United States political and social realms, healthcare, and the debt associated with it, is always at the tip of most people’s tongue. Whether eagerly waiting to argue for proposed...more

Business Restructuring Review Vol. 23 No. 3 | May-June 2024

Jones Day on 6/6/2024

In In re Pack Liquidating, LLC, 2024 WL 409830 (Bankr. D. Del. Feb. 2, 2024), the U.S. Bankruptcy Court for the District of Delaware ruled that, in accordance with Third Circuit precedent, the Bankruptcy Code, rather than...more

Preclusive Effect Of Bankruptcy Claims And Court Orders On Claims Objections

Freeman Law on 5/22/2024

A recent issue surfaced in a Chapter 13 bankruptcy case related to a mortgage claim. The debtor had filed a previous bankruptcy case during which she had objected to the mortgage creditor’s claim. A hearing was set, but...more

Budtender Bankruptcy Blindside

Seyfarth Shaw LLP on 4/19/2024

In a recent legal development that underscores the intricate interplay between federal bankruptcy law and the cannabis industry, a court case has emerged involving a bankruptcy filing by an employee of a cannabis company....more

Spotlight on Financial Services- Consumer bankruptcy

Dinsmore & Shohl LLP on 1/12/2024

Spotlight on Financial Services | Things happen very quickly in consumer bankruptcy filings. Dinsmore attorneys Edward J. Boll III, Esq. and Shannon O'Connell Egan work on a team that provides clients clear and concise...more

A Look Into 2023: What do the Bankruptcy Statistics Really Mean?

Epiq on 9/20/2023

It has been quite the interesting year in bankruptcy so far, with filings increasing in several chapters. Providing some market observations based upon the number of filings for commercial and consumer bankruptcy filings can...more

Business Restructuring Review July-August 2023 | Vol. 22 No. 4

Jones Day on 7/28/2023

There is longstanding controversy concerning the validity of third-party release provisions in non-asbestos trust chapter 11 plans that limit the potential exposure of various nondebtor parties involved in the process of...more

Bankruptcy Schedules: Schedule J

Freeman Law on 6/28/2023

Continuing with our series on bankruptcy schedules, today we’ll look at Schedule J, which is used to provide information about your monthly expenses. Schedule J is usually not discussed without discussing it in conjunction...more

Orlansky v. Quicken Loans, LLC & ‎Violations of the Automatic Stay

Locke Lord LLP on 4/26/2023

Notices of filing bankruptcy from debtors to its creditors are intended to halt all collection efforts of prepetition debts. But where lenders are required by law to provide information to mortgagors who are debtors in...more

Can You Chat Your Way to Relief from Stay?

Nelson Mullins Riley & Scarborough LLP on 4/11/2023

Bankruptcy lawyers recently gained access to a promising technology for improving the efficiency of tasks like drafting a motion for relief from stay. ChatGPT allows users to employ generative artificial intelligence by...more

Bankruptcy 101: Bankruptcy Cases, Adversary Proceedings, and Contested Matters - Bankruptcy Basics for New and Non-Bankruptcy...

Nelson Mullins Riley & Scarborough LLP on 3/30/2023

This entry is part of Nelson Mullins’s ongoing “Bankruptcy Basics” blog series that is intended to address foundational aspects of bankruptcy for new and non-bankruptcy practitioners and professionals. This entry will discuss...more

Decision Blocks Ch. 13 Bankruptcy for Cannabis Business Employee

McGlinchey Stafford on 2/2/2023

If you work for a cannabis business, then bankruptcy relief may not be available to you, according to the In re Blumsack decision out of the U.S. Bankruptcy Court for the District of Massachusetts. Whether an employee works...more

Compilation of Recent Developments in Bankruptcy Law - January 2023

Jenner & Block on 2/1/2023

1. AUTOMATIC STAY - 1.1 Covered Activities - 1.1.a Court declines to enjoin third party claims against the debtor’s jointly liable parent corporation. The debtor manufactured earplugs for many years. A major...more

Recent Developments in Bankruptcy Law, January 2023

Jenner & Block on 2/1/2023

1. AUTOMATIC STAY - 1.1 Covered Activities - 1.1.a Court declines to enjoin third party claims against the debtor’s jointly liable parent corporation. The debtor manufactured earplugs for many years. A major multinational...more

November Commercial Chapter 11 Bankruptcies Increase 74 Percent Over Last Year

Epiq on 12/13/2022

NEW YORK – Dec. 6, 2022 — Commercial Chapter 11 filings increased 74 percent to 345 in November 2022 from the 198 filings recorded in November 2021, according to data provided by Epiq's Bankruptcy Analytics platform....more

The Means Test

Freeman Law on 8/12/2022

The Means Test was a change that was added by the 2005 changes to the bankruptcy law. It’s designed to force those that make over a certain amount to file a Chapter 13 bankruptcy instead of Chapter 7 under the theory that if...more

Michigan Tax Foreclosures in Bankruptcy - An Auction and a Right to Claim Surplus Proceeds Insulates Against Challenge as a...

Miller Canfield on 5/9/2022

In January, Miller Canfield reported on Lowry v. Southfield Neighborhood Revitalization Initiative (In re Lowry), an opinion from the Sixth Circuit Court of Appeals. Lowry held that a taxpayer in bankruptcy could challenge a...more

Recent Developments in Bankruptcy Law, April 2022

Jenner & Block on 4/28/2022

2. AVOIDING POWERS - 2.1 Fraudulent Transfers - 2.1.a Imposition and payment of a tax penalty is not a fraudulent transfer. While insolvent, the debtor incurred and paid tax penalties before bankruptcy. A transfer of...more

Bankruptcy 101: The “Estate” and “Property of the Estate” - Bankruptcy Basics for New and Non-Bankruptcy Attorneys

Nelson Mullins Riley & Scarborough LLP on 3/15/2022

This entry is part of Nelson Mullins’s ongoing “Bankruptcy Basics” blog series that is intended to address foundational aspects of bankruptcy for non-bankruptcy practitioners and professionals. This entry will explain the...more

Undisclosed Arrears Come Back to Bite Bank

Nelson Mullins Riley & Scarborough LLP on 1/7/2022

Federal Rule of Bankruptcy Procedure 3002.1 was implemented to protect debtors from unanticipated deficiencies in residential mortgage payments following a chapter 13 discharge, and the Bankruptcy Court for the District of...more

Sixth Circuit Upholds Chapter 13 Debtor’s Right to Request and Receive Dismissal of Bankruptcy Case

Foster Swift Collins & Smith on 11/1/2021

A statute must be interpreted and enforced as written, regardless, according to the U.S. Court of Appeals for the Sixth Circuit, “of whether a court likes the results of that application in a particular case.” That legal...more

Repossessions and Bankruptcy Post-COVID, Post-Fulton [More with McGlinchey, Ep. 26]

McGlinchey Stafford on 7/21/2021

COVID-19’s economic impact on borrowers’ ability to repay loans has had major repercussions for auto lenders, and the U.S. Supreme Court recently issued a decision relating to repossessions in bankruptcy. In this episode of...more

Just Hold on: The Supreme Court Rules That a Creditor’s Mere Retention of Property Lawfully Seized Prepetition Does Not Violate...

Obermayer Rebmann Maxwell & Hippel LLP on 7/12/2021

In a case with significant implications for the practices of the lending industry, the Supreme Court unanimously ruled in early 2021 that a secured creditor that lawfully repossesses collateral does not have an affirmative...more

Proof of Claim Form: Quick Reference Guide

Bradley Arant Boult Cummings LLP on 5/18/2021

A proof of claim is a written statement setting out a creditor's claim and asserting its right to receive a distribution from the bankruptcy estate. It must "conform substantially" to Official Bankruptcy Form B410 (Fed. R....more

Vehicle Finance Lenders Beware: The Coming Wave Of Post-Fulton Automatic Stay And Turnover Adversary Proceedings

McGlinchey Stafford on 4/1/2021

By now, you likely are aware of the recent Supreme Court decision in City of Chicago, Illinois v. Fulton. The Court rightly found that merely retaining possession of a vehicle repossessed pre-petition is not a violation of...more

Consumer Bankruptcy › Chapter 13

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