The Automatic Stay

By Kristen A. Koo, Esq., Senior Staff Attorney for Jan P. Johnson, Chapter 12 and Chapter 13 Trustee

The Automatic Stay. Depending on which side you represent, this phrase can mean relief or hassles. However if you are not familiar with the ins and outs of the Bankruptcy Code, it can also mean lots of confusion. The rules governing the automatic stay can be found in 11 U.S.C. §3621 and in my code book, cover about 15 pages of information which is probable the longest code section in the Bankruptcy Code . . .

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Foreclosure Sales as Fraudulent Transfers: Study Summary

Edward C. Boltz

June 9, 2024

Attorney Boltz shares a summary of a new study which looks at the Supreme Court ruling that noncollusive, regular foreclosure sales aren't voidable by a bankruptcy trustee, but collusive or irregular sales can be challenged by unsecured creditors, who can cloud the title if fraud is involved. The study explores when these sales can be avoided.

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10 Tips for Writing Bankruptcy Newsletters and Alerts That Get Read

Ross Fishman

March 9, 2025

“Here’s how to write marketing material that stands out, keep readers engaged, and generate business.”

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SCOTUS Cases Every Bankruptcy Lawyer Should Know – Part 6 of 8

The Honorable John P. Gustafson

December 14, 2025

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Johnson v. Homestate Bank; Harrington v. Purdue Pharma; Bartenwerfer v. Buckley; Fulton

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Pump the Brakes: Bad Faith Debtors Are Not Gaming the System

January 13, 2019

By Kathryne M. Shaw,1 Boleman Law Firm, P.C. (Virginia Beach, VA) Click here for Part 2 The bankruptcy system requires good faith on the part of a debtor in exchange for the promise of a fresh start, and responsible members of the bankruptcy bar constantly work to ensure that no one “games” this powerful system. So, how does a debtor...

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It Takes a Village

September 29, 2019

By Katherine B. Brewer, Esq. (Westerville, OH) One of the first things we focus on in law school (other than the Rule Against Perpetuities, which always brings back fond memories), is that our clients come first. We learn the complexities of the law, memorize rule statements, and read thousands of pages of case law in order to learn how best...

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Undersecured Short-Term Mortgages May be Crammed Down

September 8, 2019

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee (Charlottesville, VA) In Hurlburt v. Black,1 the en banc Fourth Circuit Court of Appeals overturned its prior decision in Witt,2 and held that Bankruptcy Code § 1322(c)(2) authorizes modification of some home mortgage loans through bifurcation and cram down. This enables debtors to cram down home mortgage...

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Student Loans Debacle-Part II: Failure to Forgive – The Ticking Time-Bomb

R. Michael Smith

October 23, 2022

The recent push for student loan forgiveness has been met with increasing opposition. The rationales for not providing a generally applicable path for student loan forgiveness or cancellation have included arguments based upon imagined unfairness to those previously able to pay off their loans, which seems to be both short-sighted, as well as a “red herring” argument. It does not...

Passing of Retired Ohio Judge

The Academy

August 20, 2023

Passing of Retired Ohio Judge Judge Baxter was appointed United States Bankruptcy Judge for the Northern District of Ohio on December 16, 1985, and served in the Court’s Cleveland, Ohio location until his retirement in 2011. He served as Chief Judge between 2004 and 2008. Click here for obituary.

Demystifying Bankruptcy Appeals

M. Jonathan Hayes

September 11, 2022

Consumer bankruptcy attorneys in my experience tend to see appeals as a massively expensive undertaking fraught with unfamiliar rules and the threat of sanctions at every turn. That is not the reality. The purpose of this short article is to allay those fears. It’s a fun and satisfying process; dive in says I. Final order You can only appeal a...

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A Survey of Key Appellate Decisions on Projected Disposable Income

James M. Davis

January 18, 2026

In preparation for our upcoming** webinar addressing means test conundrums, Attorney Davis brings readers a foundation of appellate decisions. **Save the Date: February 18th 2:00 Eastern

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The Automatic Stay

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Related Articles

Foreclosure Sales as Fraudulent Transfers: Study Summary

10 Tips for Writing Bankruptcy Newsletters and Alerts That Get Read

SCOTUS Cases Every Bankruptcy Lawyer Should Know – Part 6 of 8

Pump the Brakes: Bad Faith Debtors Are Not Gaming the System

It Takes a Village

Undersecured Short-Term Mortgages May be Crammed Down

Student Loans Debacle-Part II: Failure to Forgive – The Ticking Time-Bomb

Passing of Retired Ohio Judge

Demystifying Bankruptcy Appeals

A Survey of Key Appellate Decisions on Projected Disposable Income

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