All the Devils Are Here, Part 2

By Grant Mullin, Third Year Law Student, Creighton University School of Law

This is a continuation of the previous posting on Bethaney McLean and Joe Nocera’s book All the Devils Are Here, which attempts to provide the reader with a hidden history of the financial crisis. The previous posting explored some of the laws in the run-up to the financial crisis of 2008. Next, the posting explained how credit enhancements from the Resolution Trust Corporation–the corporation that purchased the underwater loans from the second S & L crisis–taught investors clever . . .

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Sua Sponte Sanctions Held to Higher Standard

Cathy Moran

January 14, 2024

9th Cir. BAP erected high bar for sanctions. And, interestingly, at the heart of the BAP’s decision was the very fact that BAP decisions are not binding.

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Chapter 13 Discharge Expanded by COVID Relief Legislation

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By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) Chapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated Appropriations Act of 2021, signed December 27, 2020 by the president. Debtors may get a full -compliance discharge of dischargeable debts if they have a residential mortgage and have not made all the payments required...

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What About Conditional Confirmation?

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It is appropriate to convert a Chapter 13 case to one under Chapter 7 when the debtor makes no attempt to cure defaults that arise in the case or take any steps to propose a feasible plan.

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Did You Really Rely Upon That?

Angela M. Scolforo

September 11, 2022

The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement. In this case the Debtor purchased a 2020 Dodge Challenger, financed by the bank, without disclosing she intended to...

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Judicial Year in Review 2021: Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

December 19, 2021

Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, Part 2 and

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Ask Ms. Ps & Qs

Nancy B. Rapoport

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This month, Prof. Rapoport looks at the question: What should happen when the Rule 2016 statement on compensation conflicts with the SOFA #16?

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Lawyers are People Too: An Interview with Aki Koyama, Staff Attorney to Chapter 13 Standing Trustee Kathy Dockery

M. Jonathan Hayes

March 27, 2022

(Used with permission,Volume 1, Issue 3:3 6 March, 2022 cdcbaa) Jon: Hi Aki. I can’t believe after knowing you for 30 years now that I don’t know where you were born. Aki: Ha! I was born in Tokyo, Japan although we moved to California when I was about one. We’ve been here ever since. Jon: Why the move? Aki: Well,...

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

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By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...

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Interspousal Claims Live On and On and On

Cathy Moran

April 21, 2024

Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

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Enforcing Chapter 13 Payroll Deductions

Henry E. Hildebrand, III

May 5, 2024

Failure of an employer to comply with the terms of a payroll deduction order justifies a finding of contempt and the award of costs, attorney’s fees, and potential referral for criminal action.

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