Bankruptcy 101 for Consumer Creditors: Automatic Stays, Discharge Injunctions, and Common Pitfalls — The Consumer Finance Podcast
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In Keathley v. Buddy Ayers Construction, Inc., the Supreme Court unanimously vacated a Fifth Circuit decision that barred a debtor’s personal-injury claim based on his failure to disclose it in a pending Chapter 13 case. The...more
On June 11, 2026, the Supreme Court of the United States issued three decisions: Keathley v. Buddy Ayers Construction, Inc., Case No. 25-6: This case addresses when a debtor’s failure to disclose a legal claim in...more
On May 27, 2026, the U.S. Court of Appeals for the Sixth Circuit held in Reinhardt v. Prince that a transfer of title by tax foreclosure may be avoided as preferential under the Bankruptcy Code. Summary of the Sixth...more
In this episode of The Consumer Finance Podcast, Chris Willis is joined by colleagues Joe DeFazio, Brad Knapp, and Punit Marwaha for a practical introduction to consumer bankruptcy from the creditor’s perspective. The panel...more
Divorce and bankruptcy are both stressful on their own, but when they overlap, things can become especially complicated. Understanding how these two legal processes interact is critical, particularly when dividing debt....more
On February 25, the U.S. District Court for the Western District of Arkansas granted a student loan servicer’s motion to dismiss and denied a borrower’s motions, dismissing without prejudice a dispute over student loan debt...more
On February 2, the U.S. District Court for the District of Nevada granted a motion to dismiss in a case involving allegations of inaccurate credit reporting during bankruptcy proceedings. The court found that the plaintiff,...more
In a recent decision from the United States Bankruptcy Court for the Eastern District of New York, In re Frederica West (January 7, 2026; 24-44469), Bankruptcy Judge Elizabeth S. Stong clarified the limits of the automatic...more
The Court decided two landmark opinions on asbestos channeling injunctions and Section 524(g) trusts (Kaiser Gypsum and Bestwall), while all other circuits combined issued only one decision involving a Section 524(g) trust....more
Newly released data shows a significant rise in bankruptcy filings across the U.S., with commercial businesses seeing some of the steepest increases....more
The filing of a bankruptcy case can have a significant impact on any type of construction project, whether the bankrupt debtor is the owner of the project, the general contractor, a subcontractor, or even a supplier for the...more
In light of current economic indicators and the potential for an increase in financial distress, this article is intended to serve as a general resource regarding financial restructurings, workouts, insolvency, and...more
By now, most lawyers should know the dangers of relying on generative AI for legal research. A big risk is that AI will generate fake case citations and quotations. Failure to check and verify the citations and quotations can...more
The U.S. Bankruptcy Code will be implementing inflation adjustments in its eligibility and exemption limits by 13.2% across various provisions. The official adjustments have been published in the Federal Register, marking the...more
Every three years on April 1, the dollar amounts in the Bankruptcy Code are adjusted to account for inflation. The April 1, 2025, increase will be approximately 13.2%, even larger than the nearly 11% increase three years ago....more
Unlike most items of personal property, a motor vehicle usually has a certificate of title. We all know that the point of a vehicle title is to show who owns the vehicle and who (if anyone) has a lien on it....more
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
When Byron David filed a Chapter 7 bankruptcy case in July of 2018, Donald King was appointed Chapter 7 trustee. King filed an application to retain a law firm as his counsel. The bankruptcy court granted that application....more
Bankruptcy filings affect businesses across America. The Bankruptcy Code is complex and difficult to navigate. But used properly, it can helpcreditors to minimize losses when a customer files bankruptcy. ...more
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
The Bankruptcy Code bars certain individuals or entities from filing for bankruptcy protection, generally because they do not reside or have a place of business or property in the United States, fail to satisfy certain debt...more
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
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
In a March 2024 decision, the U.S. Bankruptcy Appellate Panel for the First Circuit (the “Panel”) followed existing case law prohibiting debtors in businesses related to cannabis from availing themselves of federal bankruptcy...more
A Massachusetts Bankruptcy Court’s recent appellate decision in Blumsack v. Harrington (In re Blumsack) leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are...more