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Tag : Supreme Court

The Future of Bankruptcy Courts Through the Supreme Court Opinions

Bankruptcy & Civil Litigation, Bankruptcy Law Overview

I feel like a groupie at a rock concert knowing that Erwin Chemerinsky was going to speak.  Lawyers know this name because he wrote many of the books and treatises we used in law school.  I thought about battling the judges, trustees and other lawyers in the room so I could have a “selfie” with […]

Supreme Court Bankruptcy Trilogy & Bankruptcy Judge’s Inferiority Complex

Bankruptcy & Civil Litigation, Bankruptcy Law Overview, Chapter 7, Exemptions

In the Beginning In Stern v. Marshall,131 S. Ct. 2594 (2011), this Court held that Article III of the United States Constitution precludes Congress from assigning certain “core” bankruptcy proceedings involving private state law rights to adjudication by non-Article III bankruptcy judges. Applying Stern, the court of appeals for the Ninth Circuit held that a […]

You Don’t Have to Be Insolvent To Be Bankrupt

Chapter 13, Chapter 7, Exemptions

Many mistakenly believe they must be completely broke to file bankruptcy and that simply is not true.  Do you remember the story of Vicky Lynn Marshall?  [aka: Anna Nicole Smith] Pierce Marshall, son of J. Howard Marshall [Anna’s husband before he passed], was a claimant to his father’s oil fortune.  He not only prevailed against […]

Bankruptcy Cases in the Supreme Court

Bankruptcy Law Overview

We continue to see consumer bankruptcy cases and decisions come from from the U.S. Supreme Court that impact our practice.  Here is a summary of two recent cases. Bullock v. Bankchampaign, N.A., —U.S.—, 133 S.Ct. 1754 (May, 2013) If, for nothing more, this is a great case about family drama.  The facts involve a trustee […]

Supreme Court: Money Misuse, Defalcation and Discharge

Bankruptcy & Civil Litigation

It’s amazing to me to see so many bankruptcy cases winding their way to the Supreme Court these days.  It’s no wonder this is happening because the changes to the Bankruptcy Code in 2005, known as the BAPCPA have made no sense to many bankruptcy practitioners.  Recently, the Supreme Court cleared up a definition for […]

How Stern v. Marshall is Interpreted in the 9th Circuit

Bankruptcy Law Overview

We’re still talking about Anna Nicole Smith long after her death in 2007 and courts are still rendering decisions from that famous battle over her billionaire husband’s estate that got dragged into a California Bankruptcy Court. The case moved all the way to the U.S. Supreme Court.  Now, courts throughout the country are interpreting the […]

Ransom’s Key Means Test Case to be Decided By Supreme Court

Chapter 13

 In Chapter 7 Basics, I wrote briefly about the means test that was created in 2005 under BAPCPA where MBNA Bank, N.A. worked hard to make it more difficult for consumer debtors to qualify to file bankruptcy under Chapter 7 and created more disposable income to pay creditors under Chapter 13. It’s interesting to note […]

U.S. Supreme Court Ruling in Student Loan Case

Chapter 13, Student Loans & Bankruptcy

Back in November, I explained to you the complexities involved in discharging student loans in bankruptcy.  These rules have not changed with the latest U.S. Supreme Court ruling in the case of United Student Aid Funds v. Espinoza.  The New York Times article, Bankruptcy Ruling in Student Loan Case points to the brief submitted by United […]

Projected Disposable Income in Chapter 13

Chapter 13

In determining “projected disposable income” for the purposes of creating a chapter 13 bankruptcy plan, how do we deal with debtors whose incomes have changed?  Can we just disregard that huge bonus you received; or what happens when your income goes up, or down during your bankruptcy?  How should we deal with that car you […]