Consumer Bankruptcy

Denial of Motions to Dismiss Petitions: Are They Final or Not?

Bullard leaves questions unanswered when debtors move to dismiss their own petitions.

Frost on Homesteads in Chapter 13 Extended to Exempt IRAs in Chapter 7

Debtors must maintain exempt status of assets until chapter 7 case is closed, judge rules.

Third and Ninth Circuits Split on Preemption of Non-Debtor Claims by Section 303(i)

Judge Ambro allows non-debtors to sue for damages from dismissal of involuntary petition.
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Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers

For serial filers, automatic stay held to terminate only on the debtor’s property.