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The National Consumer Bankruptcy Rights Center Welcomes James J. Haller as New Executive Director
[May 11, 2023] – The National Consumer Bankruptcy Rights Center (NCBRC) is pleased to announce the appointment of James J. Haller (Jim Haller) as its new Executive Director, effective May 8, 2023. A passionate advocate for consumer bankruptcy rights, Mr. Haller brings a wealth of experience and leadership to the NCBRC as it continues to […]
Tags: News Release
May 11, 2023
Too Little, Too Late in Motion to Reopen
The bankruptcy court did not abuse its discretion in declining to reopen the debtor’s case sixteen years after its closure to administer an asset the debtor did not own until after his bankruptcy case closed. Gamez v. Lopez (In re Lopez), No. 22-2379 (E.D.N.Y. March 9, 2023). In the debtor’s Chapter 7 bankruptcy, he did not […]
Tags: abuse of discretion, bankruptcy, motion to reopen
April 26, 2023
“Equity Abhors a Forfeiture”
Where the debtor had paid over 70% of the purchase price of real property, the court found that equitable principles precluded granting relief from stay to allow the seller to enforce a provision in the sales documents requiring the defaulting debtor to “forfeit not only the property, but all deposits, improvements and payments made.” Allied Ventures, […]
Tags: bankruptcy, default, redemption of property
April 21, 2023
Debtor Misled Lender as to Discharge of Debt
The debtor’s conduct gave the lender reason to believe that the debt owed to him was not discharged, so the bankruptcy court did not err in finding that the lender’s continued collection efforts lacked the requisite scienter to support a contempt sanction for violation of the discharge injunction. Bernhard v. Kull (In re Bernhard), No. 22-854 […]
Tags: bankruptcy, Contempt, discharge injunction, good faith, notice
April 17, 2023
Sixth Circuit Questions “Person-Aggrieved” Standard for Appeal
The debtors’ claim against lenders for charging improper fees during their bankruptcy belonged to the bankruptcy estate, but the lenders’ appeal of the bankruptcy court’s order of abandonment was dismissed because they lacked a direct financial stake in the outcome of the bankruptcy court’s decision and, therefore were not “persons-aggrieved.” In so holding, the Sixth […]
Tags: Abandonment, bankruptcy, Jurisdiction, person-aggrieved standard, Property of Estate, Standing
April 14, 2023
Tax Sale Survives Multiple Attacks
The bankruptcy court applied the proper standard for determining “reasonably equivalent value” in the tax sale of the debtor’s home where it used a hypothetical foreclosure sale as the comparator rather than the fair market value. The Rooker-Feldman doctrine prevented the bankruptcy court from nullifying the sale despite procedural irregularities. And even where the debtor won, she […]
Tags: bankruptcy
March 31, 2023
“Sham” Carve-Out Agreement Rejected
Calling the agreement a “sham,” the district court affirmed the bankruptcy court’s denial of a carve-out agreement between the chapter 7 trustee and the state and federal tax creditors. The court found the agreement would adhere to no one’s benefit but their own. The court also upheld the bankruptcy court’s finding that the debtor’s homestead […]
Tags: bankruptcy, Carve-out agreements, Exemptions
March 28, 2023
Punitive Damages for Stay Violation Were Excessive
The punitive damages awarded by the bankruptcy court were unconstitutionally excessive where they were seven times greater than actual damages and the bankruptcy court increased the damages on remand because it found the lender’s success at the BAP level would eliminate a substantial disincentive to engage in the conduct establishing the automatic stay violation. Rushmore Loan […]
Tags: Attorney Fees, automatic stay, automatic stay violation, bankruptcy, punitive damages
March 24, 2023
Ex-Wife’s Interest in Home Not Property of Debtor’s Bankruptcy Estate
Under Colorado law, spouses in dissolution proceedings own marital property as co-owners. Therefore the debtor’s ex-wife had a vested equitable interest in an up-front sum plus 50% of the proceeds from the sale of their marital residence as ordered by the divorce court, and that interest did not enter the debtor’s chapter 13 estate. Williams v. […]
- confirmation
- Exceptions to Discharge
- Exceptions to Discharge
- Property Distribution
- Property of Estate
Tags: bankruptcy, divorce settlement, lis pendens, marital property
March 22, 2023
No Harm in Failure to Disclose
The debtor was entitled to reopen her bankruptcy case to disclose a post-confirmation, pre-discharge lawsuit where she successfully completed her 100% plan so there was no harm to creditors by her failure to timely disclose the lawsuit, and the debtor would benefit from the opportunity to comply with Eleventh Circuit disclosure requirements. In re Calixto, No. […]
Tags: bankruptcy, judicial estoppel, litigation claim, post-confirmation disclosure, reopening bankruptcy case
March 15, 2023
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