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- American Bankruptcy Institute 10/9/25 e-newsletter reports Personal Bankruptcy Filings Soar Amid ‘Mounting Financial Pressure’
- Many Banks are suffering Multi-Million Dollar Loses Due to Auto Lender Tricolor filing Chapter 7 Bankruptcy
- Ramona D. Elliott to serve as Acting Director of the Justice Department’s U.S. Trustee Program (USTP)
- U.S. Sees Highest Large-Company Bankruptcies In 15 Years With 446 Filings:
- Americans are carrying a record amount of household debt
- Americans Owe A Record $1.14 Trillion Dollars In Credit Card Debt [as reported in 8/15/25 Credit & Collection e-newletter]
- National Association of Consumer Bankruptcy Attorneys (“NACBA”) Applauds Introduction of H.R. 4444 (Titled: “The Student Loan Bankruptcy Improvement Act of 2025”) in the US House of Representatives
- U.S. Recurring Jobless Claims Jump to Highest Since End of 2021
- Chapter 7 Bankruptcy Filings in April 2025
- Growing Number of Americans Are Using Buy Now, Pay Later Loans
- Notice: All dollar amounts in US Bankruptcy Code increased by 13.2% on 4/1/25
- Debt Collection Activities Through the Treasury Offset Program (TOP)
- American Bankruptcy Institute 2/4/25 newsletter reports Direct Lenders Face Rising Default Risks, Analysis Firm KBRA Says
- California Bill—if passed by California state legislature and if signed into law by Governor Newsom–Would Provide a Year of Mortgage Relief to Fire Victims
- California Emergency Declaration: Impact on Collection Operations
- US Credit Card Defaults Surge To $46B In First 9 Months Of 2024
- Reuters Bankruptcy Trends to Watch in 2025
- The Bank Behind the Fintech Revolution Stumbles After Customer Funds Go Missing
- Soaring Costs for Home Insurance and Property Taxes
- The American Bankruptcy Institute e-newsletter of 10/24/24 reports that the so Called “Sandwich Generation” Is Stressed Out, Low on Money and Short on Time:
- France Is Experiencing an Unprecedented Budgetary Crisis
- Credit Card Debt in the U.S. Hits an All-Time High
- American Bankruptcy Institute (“ABI”) 5/23/24 e-newsletter reports that Borrowers, especially the young, struggle with credit card debt in potentially bad sign for economy
- American Bankruptcy Institute (“ABI”) Task Force on Subchapter V Chapter 11 cases, issues its Final Report on 4/23/24
- Americans Are Falling Behind On Their Payments
- RE: CHAPTER 13 FEES Case RARA (“no look”) fees for attorneys representing debtors in Chapter 13 cases Increase effective 5/1/24
- American Bankruptcy Institute (“ABI”) on 4/11/24 reports Credit Card Delinquency Rates Were Worst on Record in Fed Study
- BankBeat, a digital publication whose audience is mainly banks and other credit card issuer, on 3/14/24 reports, in an article by BankBeat’s digital managing editor, Sam Wilmes, that the Consumer Financial Protection Bureau’s (“CFPB”) newly adopted rule forbidding credit card late fees of more than $8 “Ignores Reality”
- American Bankruptcy Institute Reports that SPAC Companies Accounted for at Least 21 Bankruptcies this Year (2023) and $46 Billion in Lost Investor Value
- “National Guard and Reservists Debt Relief Extension Act of 2023” Signed into Law
- Supreme Court Seems Dubious About Purdue’s Nonconsensual, Nondebtor Releases
- ABI Releases Preliminary Report Recommending Congress Maintain the $7.5 Million Debt Eligibility Limit for Small Businesses Looking to Reorganize Under Subchapter V
- Amendments to Federal Bankruptcy Rules and Forms Effective 12/1/22
- It Is Very Difficult to Discharge Student Loans In Bankruptcy
- US Supreme Court on 10/3/23 heard argument regarding whether the way the federal Consumer Financial Protection Bureau (“CFPB”) is funded is unconstitutional
- American Bankruptcy Institute (“ABI”) 9/28/23 Article reports that in some SubV Chapter 11 cases, the SubV Trustees are NOT getting their fees paid
- Auto Loans Pass Student Loans in Consumer Debt Load, Fed Data Shows
- Americans’ Credit Card Balances Hit New Peak
- Credit Card And Car Loan Delinquencies Surpass Pre-Pandemic Levels
- On 8/10/23 the U.S. Supreme Court announced it will review confirmation of the Purdue Pharma LP chapter 11 plan and decide
- RS Air LLC v. NetJets Aviation Inc. 9th Circ BAP
- Debt Owed by America’s Consumers Hits New Record Of More Than $17 Trillion
- Student Loans Didn’t Qualify as Commercial Debt for Sub V Eligibility
- IRS Plans To Resume Collection Notices
- Credit & Collection e-newsletter reports that all sides could be losers in the litigation about the legality/lack of legality of how the federal agency, the Consumer Protection Financial Bureau (“CFPB”) is funded
- Consumer Financial Protection Bureau (CFPB) has taken action against one of the largest debt collectors in the United States
- Did One, or More than One, of the Many regulators–DFPI, FRB, FDIC, CFPB, FINRA and Nasdaq—which each had some responsibility for supervising/regulating the now failed Silicon Valley Bank, fall down on the job?
- American Bankruptcy Institute 3/21/23 e-article reports that Anxiety Strikes $8 Trillion Mortgage-Debt Market After Silicon Valley Bank (“SVB”) Collapse Last Week
- Department of Justice and Department of Education Released New Guidance for Stipulating to the Discharge of Federal Student Loans in Bankruptcy
- American Bankruptcy Institute reports the following on 02/23/23
- CFPB Targets Credit Card Late Fees As Junk Fees, Proposes Significant Reduction In Safe Harbor
- CFPB: 18% Drop Since 2020 in People with Reported Medical Debt
- United States Federal Reserve reports that U.S. Household Debt Jumps to $16.90 Trillion in 4th Quarter of 2022
- Credit Card Debt Reaches A Record High Among U.S. Consumers reports 1/9/23 Credit & Collection E-Newsletter
- Unlike in the Eleventh Circuit, Barton doctrine Is Alive and Well in the Fifth Circuit
- American Bankruptcy Institute (“ABI”) reports that as of 1/1/23, 3 different lower level Courts have ordered the Office of US Trustee to Refund, to Bankruptcy Debtors, Increased US Trustee Fees that the Office of US Trustee charged debtors, but which the US Supreme Court held to be illegal in Siegel v. Fitzgerald (2022 decision)
- The New Report of the Consumer Financial Protection Bureau (“CFPB”), a US Government Agency, Finds Household Financial Health Is Declining After Several Years Of Increased Savings
- Federal Trade Commission (FTC) Halts Debt Relief Scheme That Bilked Millions From Consumers While Leaving Many Deeper In Debt
- U.S. Supreme Court To Review Biden Student Debt Relief Plan In February 2023
- Mortgage Rates Hit 6.02%, Highest Since the 2008 Financial Crisis
- Jurist Noted for Bankruptcy Expertise Will Weigh J&J Talc Appeal
- SB 1099
- The federal Consumer Financial Protection Bureau (“CFPB”) Adds New Debt Collection Rule FAQs
- Commentary: The Aging Student Debtors of America
- President Biden Signed Into Law the Bill Raising the Debt Limit for Subchapter V of Chapter 11 and Chapter 13
- In Older Americans, Rising Debt May Adversely Affect Health
- $5.8 Billion in Loans Will Be Forgiven for Corinthian Colleges Students
- 9th and 4th Circuit Both Hold: Old Bankruptcies Aren’t Grounds for Removal to Federal Court
- DC Solar owner Jeff Carpoff was sentenced to 30 years in federal prison in connection with defrauding investors
- Biden Aims to Expand Access to Student-Loan Debt Forgiveness for Millions of People
- Democrats Press Biden to Extend Freeze on Student Loan Payments
- American Bankruptcy Institute reports that a Bill has been introduced in the US Senate on 3/14/22, called “Bankruptcy Threshold Adjustment and Technical Corrections Act”
- ABI Analysis: The $1.7 Billion Student Loan Deal that Was Too Good to Be True
- Article reports Landlords finding ways to evict tenants, after the landlord receives government rental aid
- California Adopts New Debt Collection Regulations (as reported in 2/11/22 Credit & Collection E-Newsletter)
- Senate Judiciary Subcommittee Hearing, held in February 2022, Takes Aim at “Texas Two-Step” Strategy to Shift Liabilities in Bankruptcy
- Provisions in the CARES Act
- California’s Debt Collection Licensing Act Creates Uncertainty
- US Solicitor General Urges US Supreme Court to Review Constitutionality of the 2018 Increase in U.S. Trustee Fees
- Key Provisions in the Federal CARES Act
- In re Moore
- Bankruptcy Venue Reform Act
- Mass Evictions Didn’t Result After U.S. Ban Ended, Despite Fears
- Debt Collection Licensing Act
- One-Third Of American Families Weren’t Prepared For Financial Emergencies, Even Before The Pandemic
- Update on Trying to Discharge Student Loan Debt
- American Bankruptcy Institute Reports that 44 Percent of U.S. Small Businesses Have Less than 3 Months’ Worth of Cash
- Federal Jobless Aid, a Lifeline to Millions, Reaches an End on 9/4/21
- Bankruptcy Code 11 USC 523(a)(3)(A)
- The Family Farmer or Family Fisherman Chapter of the Bankruptcy Code
- Four Presidents of the United States Filed for Bankruptcy
- $5.8 Billion in Automatic Federal Student Loan Forgiveness
- American Bankruptcy Institute 8/12/21 e-newsletter reports that: With Tenants Who Won’t Pay or Leave, Small Landlords Face Struggles of Their Own
- Nondebtor Release Prohibition Act of 2021
- Biden Administration Issues New Eviction Moratorium
- Date for Debt Collection Final Rules
- Recommend Improvements to the Consumer Bankruptcy System
- New Form Motion
- What Is an “Executory Contract” Pursuant to 11 USC 365
- As Forbearance Protections End, Nonbank Mortgage Lenders Face High-Volume Processing Tests, Ginnie Mae Risks
- Moratorium on Residential Evictions
- CDC Extends Eviction Moratorium a Month, Says It’s Last Time
- EXCLUSIVE U.S. Watchdog to Adopt Mortgage Moratorium Rule with Some Exclusions – Sources
- Child Tax Credit
- Biden Administration Urges Supreme Court to Pass on Student-Loan Bankruptcy Case
- CFPB Sends Notification Letters To Landlords Regarding COVID-19 Evictions
- Analysis: Is the U.S. Student Loan Program Facing a $500 Billion Hole? One Banker Thinks So
- U.S. Supreme Court Overturns $1.3 Billion Award Against Kansas Payday Loan Operator
- Older Americans Dealing with Rising Debt, Falling Income Amid Pandemic
- The $50 Billion Race to Save America’s Renters from Eviction (While Violating Rights of America’s Landlords)
- CFPB Proposes Delaying Implementation of Debt-Collection Rules
- Consumer Protection Financial Bureau (“CFPB”) Proposes To Stop Foreclosures Through The End Of 2021
- A US District Court Rules that the Consumer Financial Protection Bureau (“CFPB”) Lacked Authority To Bring Suit While Its Structure Was Unconstitutional
- On 3/29/21, President Biden extended the National Eviction Moratorium through June 2021
- The Us Consumer Financial Protection Bureau (“CFPB”) Is “Encouraging” Banks and Debt Collectors Not To Take, From Consumers, Toward Paying Debts That Consumers Owe
- Consumer Financial Protection Bureau (“CFPB”) Report: Housing insecurity and the COVID-19 pandemic (3/6/21)
- Unemployment Benefits During the Pandemic
- Biden Administration Will Provide Debt-Relief Measures
- Supreme Court Holds that Merely Holding Property Isn’t a Stay Violation
- Famous People Who Have Filed Bankruptcy
- America Bankruptcy Institute (“ABI”) summarizes New Bankruptcy Relief Provisions, that are contained in the 2021 Federal Appropriations Act
- More Than Half of Emergency Small-Business Funds Went to Larger Businesses, New Data Shows
- On 12/17/20, the American Bankruptcy Institute (“ABI”) reports that US Congress and White House Race to Finish $900 Billion Covid-19 Aid Package
- American Bankruptcy Institute on 11/25/20 published the following UPDATE ON PROPOSED EXTENSION OF THE PPP LOAN PROGRAM
- Issue: Is Inaction of Creditor an Automatic Stay Violation?
- Nearly 11 Million Households Missed Mortgage Or Rent Payments At Pandemic’s Outset
- U.S. Corporate Bankruptcy Filings at 10-Year High as COVID-19 Pandemic Inflicts Economic Pain
- Bankruptcy and Social Security Income
- Serious Mortgage Delinquencies Soar To a 10-Year High, reports Credit & Collection e-newsletter on 8/24/20
- Analysis: Small Firms Die Quietly, Leaving Thousands of Failures Uncounted
- Struggling Retailers Use Bankruptcy to Break Leases by the Thousands
- CARES Act Amendment
- A New Challenge for Debtors Who Received PPP Loans Under the federal CARES Act
- The United States Senate has unanimously passed legislation protecting stimulus checks from being garnished by creditors
- American Bankrutpcy Institute E-newsletter of 7/23/20 Reports that Democratic Senators Push Bill Allowing Student Loans to Be Discharged in Bankruptcy, Under Certain Circumstances
- Bankruptcy Press reports a 26% increase in Chapter 11 bankruptcy filings so far in 2020, over 2019
- U.S. Weekly Jobless Claims Fall; But a Record 32.9 Million People are receiving Unemployment
- Analysis: Retail, Energy Set Grim Bankruptcy Milestones
- Seila Law LLC V. Consumer Financial Protection Bureau
- US Home-Mortgage Delinquencies Surge To The Highest Level In 9 Years
- Small Businesses Tackle New PPP Puzzle: Forgiveness
- Millions Of Americans Skipping Payments As Tidal Wave Of Defaults, Evictions Looms
- California and additional States Sue US Governement over New Payday Lending Rule
- Big Bankruptcies Sweep the U.S. in Fastest Pace Since May 2009
- US Senate Bill Would Ban Garnishment Of Relief Funds By Debt Collectors
- Potential Wave of U.S. Bankruptcies Draws Nearer as Corporate Distress Spreads
- Housing Market Faces Its Next Crisis as May Rent and Mortgages Come Due
- Bankruptcy Code’s Small Business Reorganization Act Debt Limit is Increased to $7,500,000 for One Year, by the CARES Act that is part of US Legislation to Combat the Covid 19 Pandemic
- Increase In Applications for Unemployment Benefits
- Five Big Banks Suspend Mortgage Payments
- 67 Million Americans May Have Trouble Paying Credit Card Bills
- Mortgage Lenders Fannie Mae, and Freddie Mac To Suspend Foreclosures Through April
- Supreme Court Rules that ‘Unreservedly’ Denying a Lift-Stay Motion Is Appealable
- Hospitals Are Seizing Patients’ Homes And Wages For Overdue Bills
- Rising Credit Card Defaults Are Reported by 1/1/2020 Credit & Collection E-Newsletter
- U.S. Secretary of Education Betsy DeVos Fined $100,000 for Violating an Order ordering the Department of Education to STOP Trying to Collect Student Loans made to Students to attend Corinthian Colleges, a for profit college that closed and filed bankruptcy
- New California Law
- California Legislature Declares That Mortgage Debt Is Regulated Under State’s Debt Collection Law
- 2 Bankruptcy Court Opinions are opposite to each other, on Bankruptcy Court Allowing a Late Claim if the Creditor Was Not Listed and did not find out there was a bankruptcy until after the deadline for filing proofs of claim had passed
- Big Electric Company Chapter 11 Bankruptcy
- US Consumer Debt Surges To Record Highs
- Bankruptcy Amendments
- Seventh Circuit Solidifies a Circuit Split on the Automatic Stay
- Risky Borrowing Is Making a Comeback, but Banks Are on the Sidelines, Reports American Bankruptcy Institute 6/13/19 E-Newsletter
- Commentary: Legislation Aims to Tackle the Student Loan Crisis in Bankruptcy Court
- American Bankruptcy Institute e-newsletter of 5/9/19 reports RISK from over-leveraged debt, from over-borrowing by corporations
- Soaring Bankruptcies in the Farm Belt Force Banks to Boost Defenses
- Credit and Collection E-newsletter of 4/29/19 Reports
- American Bankruptcy Institute reports that Malls are Under Pressure as More Stores Close
- Bankrupt Student Loan Borrowers Could Finally Get a Break
- Sens. Grassley and Klobuchar Introduce Bipartisan Legislation to Help Family Farms Reorganize
- Car Loan Delinquencies Surge To Highest Point Since 2010
- The US Government Consumer Financial Protection Bureau May Scrap Underwriting Requirements For Payday Loans
- New California Debt Collection Laws Take Effect Jan. 1, 2019
- Judge Tells Government Debt Collectors They Can’t Collect From A Broke 58-Year-Old Woman
- 9th Circuit Upholds Record $1.27 Billion Judgement Against Payday Lender
- Held: Late-Filed State Tax Return as Invalid
- Supreme Court Approves Amendments to Bankruptcy Rules
- Cresta Technology Corporation
- Courts Split on Denying a Chapter 13 Discharge for Failure to Make Direct Payments
- Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
- Split Among Us Circuit Courts Involving Licensees of a Trademarks
- Eleventh Circuit Joins Ninth in Allowing Appellate Counsel Fees for a Stay Violation
- US Supreme Court Might Grant ‘Petition for Certiorari’ to Hear and Resolve a Split between US Circuit Courts on Dischargeability
- Anti-Suit Injunction Protecting Non-Settling Defendant
- BREAKING: 9th Circ. Says FCRA Claims Meet Standing Bar In Spokeo Row
- US Supreme Court Rules That Purchaser Of Defaulted Debt Is Not “Debt Collector” Under FDCPA
- Midland Funding LLC v. Johnson
- Circuit Split on Whether or Not Bankruptcy Courts Are “Courts of the United States”
- Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927
- US Supreme Court to Hear Oral Argument on 4/18/17 in Henson v. Santander Consumer USA, Inc.
- U.S. Bank NA v. The Village at Lakeridge LLC
- U.S. Bank N.A. v. The Village at Lakeridge, LLC
- Retailers’ Free Speech Challenge to Surcharge/discount Distinction for Describing Price Differences for Credit Card and Cash Sales
- Beware of Online Bankruptcy Solicitations
- National Association of Consumer Bankruptcy Attorneys files Amicus Brief, arguing against the 11th Circuit US Court of Appeals Judicial Estoppel Doctrine
- In re Kipnis, ___BF___, 2016 Westlaw 4543772 (Bankruptcy Court. S.D. Fla. 2016)
- Mortgage Servicer Saddled with $375,000 in Sanctions for Violating Rule 3002.1
- Regularly Conducted Tax Sales Cannot Be Fraudulent Transfer, Ninth Circuit Holds
- DeNoce v. Neff (In re Neff), 824 F.3d 1181 (9th Cir. 2016)
- Rivera v. Orange Cnty. Prob. Dep’t (In re Rivera), 832 F.3d 1103 (9th Cir.
- Heller Ehrman LLP, Liquidating Debtor v. Davis Wright Tremaine LLP
- The US Supreme Court Granted Certiorari in Czyzewski v. Jevic Holding Corp.
- Cases from Different Circuits Conflict
- California Senate Bill S380
- Sponsoring of the California Bankruptcy Forum Annual Continuing Legal Education Conference
- Revision of Certain Dollar Amounts in the Bankruptcy Code
- In re Tapang
- Ninth Circuit Rules That Debtor’s Insider Can Sell Claims to Friendly Third Parties and Garner Critical Acceptance Votes on Its Plan
- Fed Interest Rate Countdown Begins Amid Deluge Of Data
- COMMENTARY: Supreme Court Denies Law Firm Payment for Defending Right to be Paid
- Debt Collection Report Captures Horror Stories
- US Supreme Court rules on 6/1/15 that Chapter 7 debtors CANNOT lienstrip a junior lien, even if that junior lien is completely under water, meaning there is not even $1 of equity available to pay the junior lien, after the senior lien(s) are paid in full
- Supreme Court Backs Power of Bankruptcy Judges in Wellness Decision
- The Supreme Court issued a unanimous opinion in HARRIS v. VIEGELAHN
- Ninth Circuit Court of Appeals Made a Ruling in Favor of Debt Collection Industry
- Supreme Court Holds that Denial of Confirmation of a Plan is Not an Appealable Final Order
- Will a Debtor with the Right to Appeal an Order Denying Confirmation of a Bankruptcy Plan be Less Likely to Negotiate with Creditors? Justices Examine in Bullard
- Who Gets Funds Held By Ch. 13 Trustee When Case Converts to Chapter 7? Supreme Court Looks to Policy, Equity and the Code During Oral Argument
- Supreme Court, Advocates Struggle with Dewsnup at Oral Argument on Lien Stripping
- US Supreme Court has heard argument in, and has “under submission” (awaiting Court ruling) on Court’s THIRD case on jurisdiction of Bankruptcy Courts since 2011
- Supreme Court Doubleheader
- Supreme Court Hears Oral Argument in Mortgage Lien-Stripping Cases
- America’s Servicing Company v. Schwartz-Tallard
- Supreme Court to Hear Oral Argument, on 1/14/15, in Wellness International LTD. v. Sharif
- On 12/14/14, the US Supreme Court Granted Petitions for Certiorari (ie has agreed to review) in Two Different Bankruptcy Cases, Agreeing to Review Two Different Bankruptcy Issues
- US Supreme Court has Recently Granted Petitions for Certiorari on Two Cases
- Bankruptcy Judge’s Ruling in City of Stockton Chapter 9 (Municipality) bankruptcy case, which allowed Stockton to reduce its pension debt owed to present and retired City Employees, Is Not a Free Pass for Cities to Cut Pensions, say Experts
- US Supreme Court has granted certiorari, to hear appeal on Baker Botts LLP v. ASARCO LLC
- Secondary Debt Collectors Must Give Notice, Judge Says
- IN ASARCO CASE, SUPREME COURT WILL DECIDE WHETHER FEES AND COSTS INCURRED DEFENDING FEE APPLICATIONS ARE COMPENSABLE US
- US Supreme Court has Granted Certiorari, regarding Wellness Int’l Network, Limited v. Sharif, 727 F.3d 751 (7th Cir. 2013), cert. granted, 134 S.Ct. 2901 (2014)
- New Bankruptcy Filing Fee Increases to Take Effect June 1
- Analysis: Supreme Court Hears Arguments on Whether an Inherited IRA is Exempt
- Preview: Scope of Protections for Retirement Funds in Bankruptcy at Issue in Case Before Supreme Court on Monday
- Public Comment Period Ending Soon for Proposed Amendments to the Federal Rules of Bankruptcy Procedure
- U.S. Supreme Court to Hear Case on Inherited IRAs in Bankruptcy
- Bellingham Oral Argument Recap: Bankruptcy and the Slippery Slope
- US Supreme Court to hear and decide 2 appeals in two different bankruptcy cases
- Beware of Breadth of Attorneys Fees Clauses in Contracts
- Recent 9th Circuit Court of Appeals Decision re Judicial Estoppel
- Anti-Deficiency Protection, on Purchase Money DOT Residential Loans, Expanded by new CA statute signed into law on 7/11/13 by governor, to Include Short Sale Done with DOT Lender Consent, not Just Non-Judicial Foreclosure Sale by Lender
- Creditors–DON’T BE LATE
- US Supreme Court decision, Bullock v. BankChampaign
- The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) has held that a recorded abstract of judgment attached to the proceeds from the sale of a debtor’s residence even though the abstract was recorded after the debtor’s fraudulent transfer of her interest in the residence to her daughter. Daff v. Wallace (In re Cass), BAP No. CC-12-1513-KiPaTa (9th Cir. BAP, Apr. 11, 2013)(unpublished).
- Quasi-judicial Immunity of Bankruptcy Trustees
- In re Stockton municipal bankruptcy case, 4/1/13 Ruling of Bankruptcy Judge Christopher Klein, ruling that City of Stockton Is Eligible to be in Chapter 9 (Municipal) Bankruptcy
- New Bankruptcy Court Decision about law firm that filed bankruptcy
- O’Donnell, et. al. v. Tristar Esperanza Properties, LLC (In re Tristar Esperanza Properties, LLC)
- Split Among Court Decisions re whether or not the absolute priority rule applies in an individual Chapter 11 case and individual Chapter 11 plan
- Pursuant to 11 USC 523(a)(8), student loan debt
- Recent Cases
- In re Joiner, 25-30396 (Bankr. W.D.N.C. Sept. 2, 2025)
- Hayes v. United States of America (In re Applied Machinery Rentals, LLC)
- Brown v. Thermal Surgical LLC, 24-127 (2d Cir. Aug. 8, 2025)
- American Bankruptcy Institute (“ABI”) e-newsletter, of 8/5/25, reports that July 2025 Commercial Chapter 11 Bankruptcy Filings Increased 78 Percent over Last Year (2024)
- Biden-Era Rule on Medical Bill Reporting on Credit Reports
- US Supreme Court’s decision in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, Doesn’t Preclude Annulling the Stay, Eleventh Circuit Says; there is a Circuit Split on this issue
- In re GOL Linhas Aéreas Inteligentes SA, 225-4610 (S.D.N.Y. June 5, 2025)
- Chenault-Vaughan Family Partnership Ltd. V. MDC Reeves Energy LLC (In re MTE Holdings LLC), 23-1916 (3d Cir. May 7, 2025), appeal 23-1916
- Manion v. Strategic Funding Source Inc. (In re Manion), ___BR___ (B.A.P. 9th Cir. March 19, 2025); BAP appeal 24-1008
- Lawsuit Over Rule on Credit Card Late Fees
- Johnson & Johnson’s Third Bankruptcy Case for Talc Lawsuits Thrown Out
- In Re Village Oaks Senior Care LLC, 664 B.R. 170 (E.D. CA 2024)
- In re Raocore Technology LLC, ___ BR___ (Bankr. D.D.C. Jan. 28, 2025) bky case 24-00065
- Saldana v. Bronitsky (In re Saldana), 122 F.4th 333 (9th Cir. Nov. 22, 2024)
- In re 301 W. North Ave. LLC, ___BR___(Bankruptcy Court. N.D. Ill. Jan. 6, 2025)
- Gramigna v. Roumeliotis (In re Gramigna), __BR__ (Bankr. D. Conn. Dec. 20, 2024), case 24-50464
- Bankruptcy Court Decision Holds
- Stehrenberger v. Stehrenberger (In re Stehrenberger)
- Saldana v. Bronitsky (In re Saldana) ___F.4th___ (9th Cir. Court of Appeals, Nov. 22, 2024); appeal 23-15860
- Harrington v. Purdue Pharma L.P., 144 S. Ct. 2071 (2024)
- Kerns v. Foss (In re Chapter 13 Trustee’s Motions for Declaratory Relief Challenging the Constitutionality of 28 U.S.C. § 586(e)(1) and 11 U.S.C. § 1326(b)(2)
- Chicago & Vicinity Laborers’ District Council Pension Plan v. R&W Clark Construction Inc. (In re R&W Clark Construction Inc.)
- Klemkowski v. CitiMortgage Inc. (In re Klemkowski), __ BR__ (Bankr. D. Md. Oct. 30, 2024)
- In re Jin, ___ BR ___ (Bankr.Ct, D. Md. Oct. 15, 2024) case
- Okorie v. Citizens Bank (In re Okorie)
- Samson v. LCF Group Inc. (In re Bridger Steel Inc.), ___BR___ (Bankr. D. Mont. Sept. 30, 2024)
- Tico Construction Co. v. Van Meter (In re Powell), ___F.4th___ (9th Cir. Ct. Appeals 10/1/24)
- Analysis: More Young Adults Filing for Bankruptcy
- Senior Living and Care Leads Record-Breaking Distress in Health Care Sector Bankruptcy Filings
- US Farmers are in Precarious Financial Position, and So are the Community Banks which Loan Farmers Money, to Enable Farmers to Plan/Grow/Harvest their next season of crops
- SEC v. Jarkesy, 144 S. Ct. 2117, 219 L. Ed. 2d 650 (June 27, 2024)
- US Banks Warn of Disaster and Brace for Higher Delinquencies Despite Rate Cut Expectations
- In re LTL Management LLC,___F.4th___ (3d Cir. Court of Appeal, 7/25/24), appeal 23-2971
- Many of America’s 60-Year-Olds Are in Financial Peril
- Banks are Bracing for Consumers to Stop Paying Off Their Credit Cards
- U.S. Senate Bill Aims to Curb Texas Two-Step Bankruptcies
- Two Bankruptcy Court Decisions
- Wike v. State Bar of Nevada (In re Wike), __ BR__ (9th Cir. BAP 7/3/24), case 23-1179, about Dischargeability of Disciplinary Costs.
- Henry v. Collection Professionals Inc., 23-00721 (N.D. Ill. June 17, 2024)
- Ivanov v. Van’s Aircraft Inc. (In re Van’s ARicraft Inc.) , ___ BR (Bankruptcy Court Oregon 6/11/24)
- Sub V Chapter 11 bankruptcy case Debt ‘Cap’ in Peril of Reverting from present 7.5 million cap, to About $3 Million and Chapter 13 bankruptcy case debt ‘Cap’ Will Revert to Old (lower) limits, unless Congress passes extension bill by 6/21/24
- City of Phoenix v. Haley (In re Bercy), ___F.4th____ (9th Circuit Court of Appeals, May 30, 2024)
- Truck Insurance Exchange v. Kaiser Gypsum Co. Inc., 22-1079 (Sup. Ct. June 6, 2024)
- In re Cummings,___ BR___ (Bankr. Court D.N.M. May 22, 2024) case no, 23-10321
- Chamber of Commerce of the United States of America, et al, v Consumer Financial Protection Bureau, ___F.4th.____ (5th Cir. 5/1/24), case No. 24-10248:
- In re Bestwall LLC, __BR__ (Bankr. W.D.N.C. Feb. 21, 2024, case no. 17-31795)
- Raymond James & Associates Inc. v. Jalbert (In re German Pellets Louisiana LLC), 23-30040 (5th Cir. Jan. 30, 2024)
- In re McIntosh, ___BR___ (Bankruptcy Court, SD Fla 01/12/24: Bankruptcy Court ordered Debt Purchaser to pay Debtor $65,000 (including $21,500 punitive damages, plus $10,000 emotional distress damages) for violating debtor’s bankruptcy Discharge, by debt purchaser trying to collect a debt from debtor, that had been discharged in debtor’s bankruptcy
- Courts Are Split on Counting Future Rent Toward the $7.5 Million Debt Cap in Sub V Chapter 11
- Barclay vs. Boskoski, ___F.4th___, 2022 WL 16911862 (9th Circuit Court of Appeals. November 14, 2022)
- In re Trinity Legacy Consortium LLC,___BR___ (Bankr. D.N.M. Sept. 25, 2023), case # 22-10973
- In re Boteilho Hawaii Enterprises, Inc., ___BR___ (Bankr. D. Hawaii 10/24/23): Bankruptcy Judge decision explains why a hypothetical chapter 7 sale isn’t necessarily ‘FMV’
- In re Litton,___BR___ 23-10189 (Bankr. W.D. La. Sept. 18, 2023)
- In re Elassal, ___BR___, 2023 WL 5537061 (Bankr. E.D. Mich. Aug. 28, 2023)
- Castleman v. Burman (In re Castleman), ___F.4th ___ (9th Cir. July 28, 2023), appeal #22-35604
- Castleman v. Burman (In re Castleman), 75 F. 4th 1052 (9th Cir. Court of Appeals, July 28, 2023)
- Kirkland v. U.S. Bankruptcy Court (In re Kirkland), ___F.4th___ (9th Cir. July 27, 2023), appeal 22-70092
- East Coast Foods Inc. v. Development Specialists Inc. (East Coast Foods Inc.), ___BR___ 23-1034 (B.A.P. 9th Cir. July 19, 2023): BAP holds 28 USC 959(a) Isn’t an Exception to the Barton Doctrine
- Washington v. Kijakazai, ___F4th ___ (9th Cir. July 3, 2023), case 22-35320
- In re MacMillan, ___BR___, case23-30159 (Bankr. D. Ore. June 29, 2023)
- U.S. v. Miller, ___F.4th___ 21-4135 (10th Cir. June 27, 2023), appeal 21-4135
- Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin
- Bledsoe v. Cook, 22-1328 (4th Cir. June 14, 2023): appeal direct to Circuit, published decision, appeal No. 22-1328
- Evans v. McCallister (In re Evans), ___F.4th___, 2023 WL 3939837(9th Cir. June 12, 2023)
- In re Purdue Pharma, 2023 WL 3700458, ___F.4th___(2nd Cir. 5/30/23)
- Texxon Petrochemicals LLC v. Getty Leasing Inc. (In re Texxon Petrochemicals LLC), ___F.4th___ (5th Cir. May 3, 2023), appeal 22-40537
- US Supreme Court 4/19/23 decision
- CashCall, Inc. loses in 9th Circuit Court of Appeals decision
- Mazloom v Navient Solutions, LLC (In re Mazloom)
- Ryan v. Branko Prpa MD, LLC, 55 F.4th 1108 (7th Cir. 2022)
- Summerlin v. Turnage, a 3/14/23 USDC, WDNC, District Court decision in a bky appeal, in which US District Ct affirms refusal of Bky Judge to allow a (nasty) trustee tactic, by which Trustee sought, by a deal with a junior secured lender, to achieve a sale of debtor’s home, but Eradicate debtor’s Homestead Exemption
- Harrington v. Mayer (In re Mayer), 20-56340 (9th Cir. Ct of Appeals, issued March 8, 2022), and Harrington v. Mayer (In re Mayer), 20-56340 (9th Cir. Ct. of Appeals, issued March 8, 2022)
- In re Mack, ___BR___, 2023 WL 2397345
- Fidelity & Deposit Co. of Maryland v. TRG Venture Two LLC (In re Kimball Hill Inc.),___F4th___ (7th Cir. March 3, 2023), appeal 22-1724
- Bartenwerfer v. Buckley, 598 U. S. ___ (United States Supreme Court 2/22/2023)
- In re Piskiel, ___BR___ (Bankr. D.N.Mex 2-10-23), bky case no. 21-10717, discusses that Survivor’s Benefits Under a Pension Plan Might Not Become Property of the Bankruptcy Debtor’s “bankruptcy estate”
- Harris v. Creditmax Collection Agency Inc. (In re Warsco), ___F4th___(7th Cir. Jan. 9, 2023) appeal 22-1733
- LTA Claimholders Group v. LATAM Airlines Group S.A. (In re LATAM Airlines Group S.A.), ___F.4th___ (2d Cir. Dec. 14, 2022)
- Avion Funding LLC v. GFS Industries LLC (In re GFS Industries LLC), 22-05052 (Bankr. W.D. Tex. Nov. 10, 2022)
- Masingale v. Muding (In re Masingale), ___BR___ (9th Cir. BAP 11/2/22), appeal 22-1016
- Tico Construction Co. v. Van Meter (In re Powell)
- Smart Capital Investments I LLC v. Hawkeye Entertainment LLC (In re Hawkeye Entertainment LLC), ___F.4th___ (9th Cir. Sept. 23, 2022) appeal no. 21-56264
- In re Klein, ___BR___ (US Bankruptcy Court D. Colo. Aug. 23, 2022) bky case No.17-19106: holds Debtor Retains Appreciation in Nonexempt Property Sold During Chapter 13
- In re Castleman
- Stark v. Pryor (In re Stark), 20-4766 (E.D.N.Y. June 28, 2022): US District Court Judge Bars a “Short Sale”, Unless the bankruptcy debtor’s Homestead Exemption is paid in full
- MOAC Mall Holdings LLC v. Transform Holdco LLC (In re Sears Holdings Corp.) 20-1846 (US Supreme Court), and Bartenwerfer v. Buckley, 21-908 (US Supreme Court)
- Spark Factor Design Inc. v. Hjelmeset (In re Open Medicine Institute Inc.)
- Consumer Financial Protection Bureau v. Cashcall, Inc.; WS Funding, LLC; Delbert Services Corporation; J. Paul Reddam,___F4th___ (9th Circuit Court of appeals 2022)
- Bartenwerfer v. Buckley
- Bartenwerfer v. Buckley, 2022 U.S. LEXIS 2331 (May 2, 2022)
- Bechkart v. Newrez LLC, ___F.4th___ (US 4th Circuit Court of Appeals, 4/15/22 decision) appeal 21-1838
- Censo LLC v. Newrez LLC (In re Censo LLC),___BR___ 21-1125 (B.A.P. 9th Cir. April 5, 2022): BAP Describes When a Nonbankruptcy Court’s Order or Judgment, entered AFTER bankruptcy is filed, Does, or Does Not, Violate the bankruptcy automatic Stay
- In Guevarra v. Whatley (In re Guevarra)
- Guevarra v. Whatley (In re Guevarra), ___BR___ (B.A.P. 9th Cir. March 25, 2022) BAP appeal Number 21-1141
- Kurtin v. Ehrenberg (In re Elieff), 637 B.R. 612 (B.A.P. 9th Cir. Mar. 21, 2022)
- Guzman v. Springfield Hospital Inc., ___F.4th___, 2022 WL 790689 (US Court of Appeals for the Second Circuit, March 16, 2022)
- Lan Tu Trinh v. citizens Business Banking 141 S.Ct. 1412, 2012 WL 666601 (2021)
- Sheen v. Wells Fargo Bank, NA, 2022 DJDAR 2345 (California Supreme Court 3/7/22)
- Manookian v. Burton (In re Cummings Manookian PLLC), ___BR___ (Bankruptcy Court, M.D. Tenn. March 7, 2022), bankruptcy case no. 21-00797
- In re Egan Avenatti LLP
- In re LTL Management LLC, ___BR___, 21-30589 (Bankr. D.N.J. Feb. 25, 2022)
- In re Royal Street Bistro, LLC, ___ F. 4th ___., 2022 WL 499938 (5th Cir.Court of Appeals 2/16/22)
- Patterson v. Mahwah Bergen Retail Group Inc.
- Fraudulent Transfer and Turnover Claims
- In re Purdue Pharma
- Sienega v. State of California Franchise Tax Board (In re Sienega)
- Hawker v. Eastport Holdings LLC (In re GYPC Inc.), ___BR___ (Bankr. W.D. Ohio, Nov. 22, 2021, bankruptcy case 19-3054)
- Jackson v. Le Centre On Fourth LLC (In re Le Centre On Fourth LLC), ___F4th___ (11th Cir. Nov. 15, 2021), appeal No. 20-12785
- Stuart v. City of Scottsdale (In re Stuart), ___BR___ (B.A.P. 9th Cir. Nov. 10, 2021, appeal No. 21-1063): Creditor which obtained an attachment before the debtor filed bankruptcy, has NO Duty to Release that Attachment, when debtor files bankruptcy, holds 9th Circuit BAP, relying on the US Supreme Court Fulton case
- In re Summit Financial Inc.
- In re Stevens, ___F.4th___(9th Cir. 2021)
- Wigley v. Lariat Cos. (In re Wigley), ___F.4th___, 20-3132 (8th Cir. Ct. of Appeals, 10/18/21)
- Margavitch v. Southlake Holdings LLC (In re Margavitch)
- Argonaut Ins. Co. v. Falcon V LLC
- Student Loan Bankruptcy Citations and Resources
- Nichols v. Marana Stockyard & Livestock Market Inc. et al (In re Nichols)
- In re Lockhart-Johnson
- US Supreme Court Blocks CDC Eviction Moratorium
- Residential Eviction Moratorium
- Lockwood v. Wells Fargo NA
- Law Violates the Due Process Rights of Landlords
- In TransUnion LLC v. Ramirez,___US___(June 2021), the US Supreme Court Substantially Restricts Ability To Sue In Federal Court For violations by credit reporting agencies and creditors of various federal statutes protecting consumers, regarding credit reporting (Fair Credit Reporting Act), debt collection (Fair Debt Collection Protection Act), and creditors phoning consumers (Telephone Consumer Protection Act)
- In re Dockins, ___BR___ (Bankr. W.D.N.C. June 4, 2021)
- Best v Ocwen Loan Servicing, LLC
- Sandford Landress v. Cambridge Land Co. II LLC (In re Cambridge Land Co. II LLC), 20-1110 (B.A.P. 9th Cir. April 2, 2021)
- In re Innerline Engineering, Inc.
- Gaske v. Satellite Restaurants Inc. Crabcake Factory USA (In re Satellite Restaurants Inc. Crabcake Factory USA), ___BR___ (Bankr. D. Md. March 19, 2021), bky case no. 21-00012 holds that Corporate Debtors in Subchapter V May Discharge 11 USC 523(a)
- Educational Credit Management Corp. v. Goodvin, ___BR___ (US District Court Kansas 3/17/21) appeal from bankruptcy court to US District Court #20-1247
- Tingling v. Educational Credit Management Corp. ___F.3d___ (In re Tingling), 20-757 (2d Cir. March 11, 2021)
- Kaiser et al v. Cascade Capital, LLC et al.
- In re Ritter, ___BR___ , 2021 WL 864092 (Bankr. C.D. CA 3/5/21)
- Edwards Family Partnership LP v. Johnson (In re Community Home Financial Services Inc.)
- In re Jesslyn Anderson, ___F3d___ (9th Circuit Court of Appeals 3/1/21), appeal number 20-60014
- Archer-Daniels Midland Co. v. Country Visions Cooperative
- GLM DWF Inc. v. Windstream Holdings Inc. (In re Windstream Holdings Inc.)
- Radiance Capital Receivables Nineteen LLC v. Crow (In re Crow)
- Consol Energy Inc. v. Murray Energy Holdings Co. (In re Murray Energy Holdings Co.), ___BR___ (B.A.P. 6th Cir. Feb. 1, 2021), BAP case number 20-8017
- Deutsche Bank Nat’l Tr. Co. as Tr. for Holders of BCAP LLC Tr. 2007-AA1 . v. Madeira Canyon Homeowners Ass’n
- In re Claar Cellars LLC, ___BR___ (Bankr. E.D. Wash. Jan. 14, 2021), case No. 20-00044
- Rodriguez v. Mukamal, ___BR___ (US District Court, SD Fla Oct. 1, 2020), case number 20-50583
- Manikan v. Peters & Freedman, L.L.P, ___F.3d___, 2020 WL 6938318 (9th Cir. 11/25/20)
- US v. Allahyari, ___F.3d.___, 2020 DAR p12125 (9th Cir. 2020)
- Wells Fargo Bank N.A. v. Mahogany Meadows Ave. Trust, ___ F3d ___ (9th Circuit Ct of Appeals; Nov. 5, 2020)
- In re Leucadia Group, LLC, Ninth Circuit Bankruptcy Appellate Panel Case No. SC-20-1066-GFB (9th Circuit, Nov 04,2020) Not Published
- United States v. Hutchinson, 615 B.R. 596 (E.D. Cal. 2020)
- Houch v. Substitute Trustee Services Inc. (In re Houck), ___BR___(Bankr. W.D.N.C. Oct. 6, 2020) case #15-5028
- In re Gilbert, ___BR___ (Bankr. E.D. La. Oct. 6, 2020) , case 16-12120
- In re Pearl Resources LLC, ___BR___ (Bankr. S.D. Tex. Sept. 30, 2020), bankruptcy case no. 20-31585
- In re Kimball Hill Inc., ___BR___ (Bankr. ED Illinois 9/30/20) case #08-10095
- SE Property Holdings LLC v. Gaddy (In re Gaddy)
- Jalbert v. Gryaznova (In re Bicom NY LLC), ___BR___ (Bankr. S.D.N.Y. Sept. 21, 2020), bky case #19-1311
- In re Goodrich Quality Theaters Inc.
- Hull v. Rockwell (In re Rockwell)
- In re Specialty Shops Holding Corp.
- Merriman v. Fattorini (In re Merriman)
- In re Cherry, ___F.3d ___ (7th Cir. July 6, 2020, appeal number 19-1534)
- Rockstar Inc. v. Schultz
- Blixseth v. Credit Suisse, ___F3d___16-35304 (9th Cir. June 11, 2020): Ninth Circuit 6/11/20 Decision in Blixseth v. Credit Suisse, Now Permits Nonconsensual, Third-Party Releases in Chapter 11 Plans, which is a BIG change in Ninth Circuit law
- In re Cumbess
- ISL Loan Trust v. Millennium Lab Holdings II, 19-1152 (Sup. Ct.)
- Bird v. Hart, ___BR___ (US District Ct, District of Utah May 19, 2020) case number in District Court 19-54
- In re Thu Thi Dao, ___BR___ (Bankr. E.D. Cal. May 11, 2020, docket number 20-20742)
- Pillars v. General Motors LLC (In re Motors Liquidation Co.), 18-1954 (US Court of Appeals for the Second Circuit, May 6, 2020)
- State Bank of Southern Utah v. Beal (In re Beal), 19-2043 (Bankr. D. Utah March 31, 2020)
- Lariat Companies, Inc. v. Wigley (In re Wigley), 951 F.3d 967 (8th Cir. 3/9/20)
- Mass. Dept. of Revenue v. Shek (In re Shek), ___ F3d ___ (11th Cir. Jan. 23, 2020), appeal case number 18-14992, widens the Circuit Split over whether Income Taxes can ever be discharged in bankruptcy, where the tax return for those taxes was filed even one day late
- United States Dep’t of Agriculture v. Hopper (In re Colusa Reg’l Med. Ctr.)
- In re Palladino, 942 F.3d 55 (1st Cir. Court of Appeals 2019)
- In re Golan, ___BR___ (Bankr. E.D.N.Y. Dec. 19, 2019), E.D.N.Y case #19-75598
- McCoy v. Mississippi State Tax Comm’n
- In re Emerge Energy Services LP, ___BR___ (Bky Ct D. Del 12/5/19) case #19-11563 December 10, 2019: Failure to Opt Out Won’t Justify Imposing Third-Party Releases, Delaware Bky Judge Says
- U.S. Bank NA v. Saccameno, ___F.3d___ (7th Cir. Nov. 27, 2019) (case number 19-1569)
- DeGiacomo v. Sacred Heart Univ. Inc. (In re Palladino), ___F.3d___ (1st Cir. Nov. 12, 2019), case number 17-1334
- Ronnoco Coffee v. Westfeldt Brothers Inc., ___ F.4th___ (8th Cir. Sept. 19, 2019), case No. 18-1498
- Hackler v. Arianna Holdings Company, ___F.3d___ (3rd Cir. 9/12/19)
- East West Bank vs. Altadena Lincoln Crossing, LLC
- Garvin v. Cook Investments NW, SPNWY, LLC, 922 F.3d 1031 (9th Cir. 2019)
- Klein v. Good (In re Good
- In Ritzen Group Inc. v. Jackson Masonry LLC
- Benjamin v. U.S. (In re Benjamin), ___F.3d___ (5th Cir. May 10, 2019), case18-20185
- Wells Fargo Bank NA v. Weidenbenner (In re Weidenbenner), ___BR___ (Bankruptcy Court S.D.N.Y. April 25, 2019) case number 15-244 Freezing a Chapter 7 Debtor’s Bank Account Doesn’t Violate the Automatic Stay
- Jung v. Internal Revenue Serv. (In re Jung) (Bankr. W.D. Wis., 2019)
- FTC v. Federal Check Processing, Inc., ___F.3d ___(2nd Cir. 2019)
- Federal Trade Commission vs. AMG Capital Management, LLC
- Williams vs. American Honda Finance Corp.
- In re Maust Transport, Inc., 2018 Westlaw 4488712 (Bankr. W.D. Wash.)
- Obduskey v. McCarthy & Holthus LLP, U.S. Supreme Court case No. 17-1307: Meaning of the Term ‘Debt Collector’ in Foreclosure Protections Case Debated in Supreme Court Oral Argument
- In re OGA Charters, LLC, 2018 Westlaw 4057525 (5th Cir.)
- Geltzer v. Oberlin College (In re Sterman), 18-01015 (Bankr. S.D.N.Y. Dec. 4, 2018): Bankruptcy Judge in SDNY holds
- In re McCormick, 894 F.3d 953 (8th Cir. 2018)
- McNair vs. Maxwell & Morgan PC, 893 F.3d 680 (9th Cir. 2018)
- Lehman Brothers Holdings Inc. v. 1st Advantage Mortgage LLC
- Elite of Los Angeles, Inc. v. Hamilton (In re Hamilton)
- In re BMT-NW Acquisition, LLC, 582 B.R. 846 (Bankr. D. Del.2018)
- Lamar, Archer & Cofrin, LLP v. Appling, 16-1215 (Sup. Ct. June 4, 2018)
- Lorenzen v. Taggart (In re Taggart), ___F.3d ___ (9th Cir. April 23, 2018) appeal #16-35402
- Phillips v. Gilman (In re Gilman), ___F.3d___ (9th Cir. April 13, 2018), case 16-55436
- In re Cresta Technology Corp. ___BR___, (B.A.P. 9th Cir. April 6, 2018), BAP case number 17-1186
- In re Bianchi, ___BR___ (Bankr. D. Id. March 20, 2018, case #12-221)
- Arellano vs. Clark County Collection Service, LLC, ___F3d___, 2017 Westlaw 5505117 (9th Cir.2017)
- In re Gibson, ___BR___12-81186 (Bankr. C.D. Ill. March 5, 2018)
- Heller Ehrman LLP v. Davis Wright Tremaine LLP (California Supreme Court, decision issued 3/5/18)___Cal.4th___ ; case S236208
- U.S. Bank NA v. The Village at Lakeridge LLC, 15-1509 (US Supreme court, decided March 5, 2018)
- In re McGinness, ___BR___ (Bankruptcy Court ED Tenn 3/2/18), case 17-14746
- Merit Mgmt. Group, LP v. FTI Consulting, Inc., ___ U.S. ___, ___ S. Ct. ___
- In re Charles Frederick Biehl, Ch. 7 Case No. 6:13-bk-26277-MH (Bankr. C.D. Cal. Jan. 16, 2018)
- Mission Product Holdings Inc. v. Tempnology LLC (In re Tempnology LLC)
- In re Addison, ___BR___ (Bankruptcy. Court E.D.N.Y., 2018)
- In re Marino (Ocwen Loan Servicing v. Marino), ___BR___, 2017 WL 6553691 (appeals Nos. 16-1229, 16-1238) (B.A.P. 9th Cir. Dec. 22, 2017)
- DZ Bank AG Deutsche Zentral-Genossenschaft Bank v. Meyer, 869 F.3d 839 (9th Cir. 2017) (“DZ Bank”)
- Momentive Performance Materials Inc. v. BOKF, NA (In the Matter of: MPM Silicones, L.L.C.)
- In re Barcelos, ___BR___, 2017 WL 464927(Bankr. E.D. Cal. 10/12/2017)
- Spiller McProud v. Siller (In re CWS Enterprises Inc.)
- Brace v. Speier (In re Brace), 566 B.R. 13 (9th Cir. BAP 2017)
- Ivey v. First Citizens Bank & Trust Co.
- In re Fravala, ___BR___(BkyCt, MD Fla Aug 10, 2017)
- Gharib v. Casey (In re Kenny G. Enterprises LLC), ___F.3d ___ (9th Cir. July 28, 2017) (9th circuit appeal case number 16-55007)
- In re World Imports Ltd., ___F.3d ___ case number 16-1357 (3d Cir. July 10, 2017)
- In re Salamon, ___F.3d___, 2017 Westlaw 1404194 (9th Cir. 2017)
- In re Kipnis, 555 BR 877 (Bankr. S.D. Fla. 2016)
- SBA v. Bensal (9th Cir. 2017) 853 F.3d 994: California Probate Code §283
- Oskoui vs. J.P. Morgan Chase Bank, N.A, ___F3d ___, 2017 WL 957206 (9th Cir. 2017)
- Weil v. Elliott (In re Elliott),___F.3d___, No. 16-55359 (9th Cir. June 14, 2017)
- Strickland v. U.S. Trustee (In re Wojcik), 560 B.R. 763 (9th Cir. BAP 2016)
- Henson v. Santander Consumer USA, Inc., ___ S.Ct.___, 2017 WL 2507342
- Shovlin v. Klass (In re Klass), ___F.3d___ (3d Cir. June 1, 2017). Case number 15-3341
- First Southern National Bank v. Sunnyslope Housing LP (In re Sunnyslope Housing LP), ___F3d___ (9th Cir. EN BANC May 26, 2017) (case #12-17241)
- In re Cowen, ___F.3d___, 2017 Westlaw 745596 (10th Cir. 2017)
- Giacchi v. U.S. (In re Giacchi), ___F.3d___ (3d Cir. 5/5/17)
- Porter v. Nabors Drilling USA LP, ___F.3d___ (9th Cir. April 20, 2017), 9th Circuit case number 15-16985
- Czyzewski v. Jevic Holding Corp., ___US___ 2017 WL 1066259
- Opt-Out Lenders v. Millennium Lab Holdings II LLC (In re Millennium Lab Holdings II LLC), ___F.Supp.3d ___ (US District Court, District of Delaware 3/17/17)
- Tower Credit Inc. v. Schott (In re Jackson), 850 F.3d 816 (5th Cir. March 13, 2017)
- Conflicting Outcomes, Between 2014 9th Circuit BAP Markosian v. Wu (In re Markosian), 506 B.R. 273 (9th Cir. BAP 2014), and 2 Bankruptcy Court Decisions from Other Circuits
- Greif & Co. v. Shapiro (In re Western Funding Inc.), 550 B.R. 841 (9th Cir.BAP 2016) (“Greif”)
- Wolf Metals Inc. v. Rand Pac. Sales, Inc., 4 Cal. App. 5th 698
- In re Rexford Properties, LLC, ___BR___, 2016 Westlaw 5416443 (Bankr. C.D.Cal.2016)
- Midland Funding, LLC v. Johnson, St. Ct., No. 16-348
- Blixseth v. Brown (In re Yellowstone Mountain Club, LLC), ___F.3d ___, 2016 WL6936595 (9th Cir. 11/28/2016)
- In re Archdiocese of Milwaukee (Official Committee of Unsecured Creditors v. Archdiocese of St. Paul and Minneapolis), ___BR___, 2016 WL7115977 (US DC ED Wisconsin 2016)
- Midland Funding, LLC v. Hill
- In re Ritz,___F.3d ___, 2016 Westlaw 4253552 (5th Cir. 2016)
- In re City of Detroit, Michigan, ___F.3d___, 2016 WL 5682704 (6th Circ.10/3/16
- Hernandez v. Williams Zinman & Parham, ___ F3d ___ (9th Cir. 7/20/16) (appeal no. 14-15672)
- Adinolfi v. Meyer (In re Adinolfi), ___BR___ (9th Cir. BAP 2016)
- Bourne Valley Court Trust vs. Wells Fargo Bank, N.A., ___F.3d___, 2016 Westlaw 425498 (9th Cir. 2016)
- DJM Associates LLC v. Capasso, ___ F.Supp.3d ___ (DC ED NY 2016) case number 97-7285 (E.D.N.Y. Sept. 22, 2016)
- Green Tree Servicing LLC v. Giusto, 2016 Westlaw 3383959 (N.D.Cal. 2016)
- Kirkland v. Rund (In re EPD Investment Co.), 821 F.3d 1146 (9th Cir. 2016)
- In re Diaz, 547 B.R. 329 (9th Cir. BAP 3/11/2016)
- Caldwell v. DeWoskin, ___F.3d___, case number 15-1962 (8th Cir. Aug. 5, 2016) and Flanders v. Lawrence (In re Flanders)
- In re Intervention Energy Holdings, LLC, 553 B.R. 258 (Bankr. D. Del. 2016)
- In Castaic Partners II, LLC v. Daca-Castaic, LLC
- In re Quantum Foods, LLC, 554 B.R. 729 (Bankr. D. Del. 2016)
- Smith v. I.R.S. (In re Smith)
- In re Boates, ___BR___ (BAB case no. AZ-15-1279-KuJaJu) (9th Cir. B.A.P. July 8, 2016)
- Southwest Airlines Co. v. Tidewater Finance Co. (In re Cole), ___BR___ 15-70960 (N.D. Ga. June 24, 2016)
- Grossman v. Wehrle (In re Royal Manor Management Inc., ___F3d___, 15-3146 (6th Cir. June 15, 2016)
- In re Sunnyslope Housing Ltd. Partnership, ___F3d___, 2016 Westlaw 1392318 (9th Cir. 2016)
- Clark’s Crystal Springs Ranch LLC v. Gugino (In re Clark), — B.R. — (9th Cir. BAP March 2016)
- Husky International Electronics, Inc. v. Ritz, ___ S.Ct.___, 2016 WL 2842452 (May 16, 2016) (case no. 15-145)
- CFPB v. Chance Edward Gordon, 819 F.3d 1179 (9th Cir. 4/14/2016)
- Scheer v. State Bar of California (In re Scheer), ___F.3d ___, case no.14-56662 (9th Cir. April 14, 2016)
- Shalaby v. Mansdorf (In re Nakhuda) (B.A.P. 9th Cir. 2016)
- Whatley v. Stijakovich-Santilli (In re Stijakovich-Santilli), 542 B.R. 245 (9th Cir. BAP 2015)
- In re Murray
- Double Bogey, L.P. v. Enea, 794 F.3d 1047 (9th Cir. 2015) (Double Bogey)
- In re Village Green I, GP, ___F.3d___, 2016 Westlaw 325163 (6th Cir. 2016)
- Zachary v. California Bank & Trust
- Coker v. JP Morgan Chase Bank, N.A., ___Cal.___
- Eden Place LLc v. Perl (In re Perl)
- In re Free
- Kostecki v. Sutton (In re Sutton)
- Inst. of Imaginal Studies v. Christoff (In re Christoff) (B.A.P. 9th Cir., 2015)
- In re Penrod, ___F.3d ___, 2015 Westlaw 5730425 (9th Cir. 2015)
- Ezra v. Seror (In re Ezra)
- HSBC Bank v. Blendheim (In re Blendheim)
- Coyle v. United States (In re Coyle)
- In re Gatewood, a new case, by 8th Circuit BAP, and 11st Circuit Crawford case, disagree
- New Life Adult Medical Day Care Center v. Failla & Banks, LLC, et al. (In re New Life Adult Medical Day Care Center, Inc.
- Elliott v. Weil (In re Elliott)
- In re Hoilien
- In re Motors Liquidation Co.
- In re Virgin Offshore U.S.A., Inc.
- Tamm v. U.S. Trustee (In re Hokulani Square, Inc.)
- In re Duckworth
- In re Genmar Holdings, Inc.
- In re The Mortgage Store, Inc.
- In re NNN Parkway 400 26, LLC, 2014 Westlaw 309734 (Bankr. C.D. Cal. 2014)
- In re Sui ___BR___, 2014 WL 5840246
- Schultze v. Chandler
- Wortley V. Chrispus Venture Capital LLC (In re Global Energies LLC), ___F.3d___, 2014 WL 3974577 (11TH CIR. 8/15/2014)
- DeNoce v. Neff (In re Neff)
- Daniel Bock Jr. v Pressler & Pressler
- Crawford vs. LVNV Funding, LLC
- Hoskins v. Citigroup
- Robinson v. American Home Mortgage Servicing, Inc. (In re Mortgage Electronic Registration Systems, Inc.)., __F/3d__, 2014 WL 2611314 (9th Cir. 6/12/14)
- Rivera v. Orange County Probation Dep’t (In re Rivera), Case No. CC-13-1476-PaKiLa, ___BR___ (9th Cir. BAP June 4, 2014)
- Anil Sachan v. Benjamin Moonkang Huh (In re Benjamin Moonkang Huh)
- Frates v. Wells Fargo Bank, N.A. (In re Frates)
- FDIC v. Siegel (In re Indymac Bancorp, Inc.), ___F.3d___ (9th Cir. 4/21/14)
- Goldstein V. Diamond (In Re Diamond), 8TH CIR. 2014
- It’s hard to get a Court to Change an Already Entered Order: Tevis v. Burkart, et al. (In re Tevis)
- In re SW Boston Hotel Venture, LLC
- Gray1 CPB, LLC vs. SCC Acquisitions, Inc
- Law v. Siegel, Chapter 7 Trustee
- Menjivar v. Wells Fargo Bank, N.A.
- Fowler vs. U.S. Bank, N.A., 2014 Westlaw 850527 (District Court S.D. Tex. 2014)
- Law v. Siegel (In re Law)
- Bradley vs. Franklin Collection Service, Inc.
- First-Citizens Bank & Trust Co. v. Reikow
- In re H Granados Communications, Inc.
- Vazquez v. AAA Blueprint & Digital Reprographics (In re Vazquez)
- In re Energytec, Inc., 2013 Westlaw 6868618 (5th Cir. 2013)
- In re Tronox, Inc., 2013 Westlaw 6596696 (Bankr. S.D.N.Y 2013)
- Brown v. Ferroni, __BR__, 2014 WL 695090 (District Court, ED PA 2014)
- Hudson v. Martingale Investments, LLC (In re Hudson), __ B.R. __, 2014 WL 128965 (9th Cir. BAP January 14, 2014)
- In re BP RE, LP, 735 F.3d 279 (5th Cir. 2013)
- Blade Energy Pty Ltd. et al. v. Rodriguez (In re Rodriguez)
- Tronox v. Kerr-McGee,__BR__, 2013 WL6596696(Bankr SD NY Dec 12, 2013)
- Janura et. al. v. Saridakis (In re Saridakis), __BR__
- Jones v. U.S. Trustee, Eugene
- In re Gasprom, 500 B.R. 598 (9th Cir. BAP 2013)
- Hazelrigg v. United States Trustee (In re Hazelrigg)
- Tishgart v. Hoffman (In re Tishgart), BAP No. 12-1160-PaMkH, — B.R. — (9th Cir. Nov. 13, 2012)
- Cal-Western Business Services, Inc. v. Corning Capital Group
- In Heritage Pac. Fin., LLC v. Montano (In re Montano)
- Alakozai v. Citizens Equity First Credit Union (In re Alakozai)
- adrozny vs. Bank of New York Mellon
- Wellness International n Network, Ltd. v. Sharif, ___F.3d___, 2013 Westlaw 4441926 (7th Circuit 2013)
- The U.S. Court of Appeals for the Ninth Circuit has held that: (1) a motor vehicle, including a luxury vehicle, may fall within California’s wildcard or grubstake exemption; and (2) if an exempt vehicle is a tool of the debtor’s trade, the debtor can avoid a non-possessory, non-purchase money lien against it under 11 U.S.C. 522(f)(1)(B). Orange County’s Credit Union v. Angie M. Garcia (In re Garcia) ___ F. 3d ___ (9th Cir. 2013). To read the full opinion, click here (Garcia)
- In re Welsh, ___F.3d___ , 2013 U.S. App. LEXIS 5880 (9th Cir. 3/25/2013)
- Samuels vs. Midland Funding, LLC, 2013 Westlaw 466386 (S.D. Ala. 2013)
- Black v. Bonnie Sptrings Family Ltd. partnership (In re Black), 9th Circuit
- The Bankruptcy Appellate Panel of the 10th Circuit has held that a trustee in bankruptcy cannot avoid a mortgage lien, even though the underlying note was held by a lender, while the mortgage was recorded in the name of MERS, a separate entity. In re Trierweiler, 2012 Westlaw 6725589 (10th Cir. BAP (Wyo.)
- Newman v. Schwartzer (In re Newman) 2013 DJDAR 1609 (9th Cir. BAP 2/4/2013)
- In re Rowe, 2013 U.S. Dist. LEXIS 11970
- Wells Fargo Bank, N.A. v. Texas Grand Prairie Hotel Realty, LLC (In the Matter of Texas Grand Prairie Hotel Realty, LLC), No. 11-11109 (5th Cir. Mar. 1, 2013)
- In re Blixseth, 484 B.R. 360 (9th Cir. BAP Dec. 17, 2012)
- A Bankruptcy Court in Hawaii has issued a decision that the defense of in pari delicto (equal fault) cannot be asserted against a bankruptcy Trustee, where the Trustee is the Plaintiff in an avoiding power (e.g. fraudulent transfer suit), even where the defense of in pari delicto could have been asserted against the bankruptcy debtor, in a tort suit, outside of bankruptcy, brought by the debtor as plaintiff
- Ninth Circuit Rules Only Article III Judge Can Rule on Fraudulent Transfer Claims; Bankruptcy Judges Cannot Rule on Fraudulent Transfer Claims, Because They Are Not Article III Judges
- In re Patriot Coal Corp., No. 12-12900, — B.R. — (Bankr. S.D.N.Y. Nov. 29, 2012)
- In re Sundance Self-Storage El Dorado LP, ___ B.R. ___, 2012 WL 5471141 (Bankr. E.D. Cal. Nov. 6, 2012)
- In re Flores (9th Cir. 8/31/2012)— F.3d —-, 2012 WL 3803936
- Divorce attorney and bankruptcy debtor each convicted of federal crimes related to bankruptcy case in which debtor, assisted by an attorney, concealed assets
- Pfeifer vs. Countrywide Home Loans, 2012 Westlaw 6216039 (Cal.App.)
- In re Deitz (9th Cir BAP 042312)
- In a case of first impression in the Ninth Circuit, the U.S. Bankruptcy Appellate Panel has ruled that a debtor is not entitled to avoid a creditor’s judicial lien under 11 U.S.C. section 522(f)(for impairing the debtor’s homestead exemption) when the debtor didn’t maintain a continuous ownership interest in the property after the judicial lien had fixed. McCoy v. Kuiken, Jr. (In re Kuiken, Jr.), BAP No. SC-12-1218-JuMkPa (B.A.P. 9th Cir. Jan. 4, 2012)
- Uncategorized