Consumer Bankruptcy Developments

A survey of recent bankruptcy court cases which have received attention from circuit courts and the US Supreme Court is presented. In Spierer v. Federated Department Stores, Inc. (2003), the Sixth Circuit US Court of Appeals ruled that the bankruptcy restriction on the state court plaintiffs was min...

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Bibliographic Details
Published in:The Business Lawyer 2004-05, Vol.59 (3), p.1321-1334
Main Authors: Williams, Ernest B., Harrell, Alvin C.
Format: Article
Language:English
Subjects:
Appellate courts
Automatic stay
Bankruptcy claims
Bankruptcy Code
Bankruptcy courts
Bankruptcy estates
Bankruptcy law
Bankruptcy laws
Bankruptcy petitions
Bankruptcy reorganization
Chapter 13 bankruptcy
Collateral
Commercial law
Consumer credit
Court decisions
Debt
Debt contracts
Debtor and creditor
Debtors
Evaluation
Federal court decisions
Law firms
Laws, regulations and rules
Litigation
Musical instruments
Nondischargeable debts
Personal bankruptcy
Petitions
Sanctions
State court decisions
State courts
Surveys
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Summary:A survey of recent bankruptcy court cases which have received attention from circuit courts and the US Supreme Court is presented. In Spierer v. Federated Department Stores, Inc. (2003), the Sixth Circuit US Court of Appeals ruled that the bankruptcy restriction on the state court plaintiffs was minimal and that "the power to stay other pending litigation involving the debtors or the estate is within the bankruptcy court's constitutional jurisdiction." Value T Sales, Inc. v. Mitchell (2002) and Fjeldsted v. Lien (2003) each held that the post-petition sale of real estate to a good faith purchaser under Bankruptcy Code Section 549(c) is not an exception to the automatic stay. Bell-Tel Federal Credit Union v. Kalter (2002) is an informative case from the Eleventh Circuit US Court of Appeals reflecting on the relation between bankruptcy law, Article 9 of the Uniform Commercial Code, and state certification of title laws.
ISSN:0007-6899
2164-1838