Claims

Amicus briefs are needed so the Supreme Court sees the big picture and understands that creditors can suffer if judicial estoppel is applied indiscriminately.

The lack of ‘pecuniary interest’ may deprive a chapter 7 debtor of constitutional standing, even though the debtor is a ‘party in interest.’

If a lender could collect only once outside of bankruptcy when both spouses guaranteed a debt, the result is the same in a single or joint bankruptcy by the spouses.

Having 51% consumer debt doesn’t necessarily mean that the debtor has ‘primarily’ consumer debt.

Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.

The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11 By Donald L. Swanson The absolute-priority rule has always prevented individuals from reorganizing under chapter 11. The absolute-priority rule is a chapter 11 plan-confirmation

In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.

The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.

Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.