Entries by Nisha Parikh

NORTHERN DISTRICT OF INDIANA | Key Points

The Northern District of Indiana recently provided its interpretation of the limits on the bankruptcy stay provision codified at 11 U.S.C. § 362(c)(3)(A). First Financial Bank v. Clark, Case No. 2:18-cv-390 DRL (N.D. Ind. March 19, 2021). Courts are split on the scope of § 362(c)(3)(A). In its analysis, the Court focused much of its […]

NORTHERN DISTRICT OF INDIANA WEIGHS IN ON BANKRUPTCY STAYS FOR REPEAT FILERS UNDER § 362

The Northern District of Indiana recently provided its interpretation of the limits on the bankruptcy stay provision codified at 11 U.S.C. § 362(c)(3)(A). First Financial Bank v. Clark, Case No. 2:18-cv-390 DRL (N.D. Ind. March 19, 2021). Generally, § 362(a) prohibits creditors from bringing claims against the debtor, his property, or the property of the […]

FEDERAL COURT DISTINGUISHES WALLS | Key Points

The United States Court of Appeals for the Ninth Circuit reversed a creditor’s summary judgment finding the debtor’s (“Manikan”) FDCPA claims against debt collector Peters & Freedman, L.L.P. (“P&F”) were not barred even though the debt was discharged in bankruptcy prior to Manikan’s lawsuit against P&F. Manikan v. Peters & Freedman, L.L.P., 19-55393, 2020 WL […]

FEDERAL COURT DISTINGUISHES WALLS & RE-OPENS DOOR TO DEBTOR’S POST BANKRUPTCY LITIGATION FOR FDCPA VIOLATIONS

Last month the United States Court of Appeals for the Ninth Circuit reversed a creditor’s summary judgment finding the debtor’s (“Manikan”) FDCPA claims against debt collector Peters & Freedman, L.L.P. (“P&F”) were not barred even though the debt was discharged in bankruptcy prior to Manikan’s lawsuit against P&F. Manikan v. Peters & Freedman, L.L.P. In […]

NINTH CIRCUIT | Key Points

The Bankruptcy Appellate Panel for the Ninth Circuit recently found that assets fraudulently transferred by a debtor during his Chapter 13 bankruptcy proceedings constituted assets of the bankruptcy estate despite a forced conversion of the proceedings from Chapter 13 to Chapter 7. In re Brown, 953 F.3d 617, 618 (9th Cir. 2020). In Brown, Jason […]

NINTH CIRCUIT FINDS FUNDS FRAUDULENTLY TRANSFERRED BY DEBTOR TO BE PART OF CONVERTED CHAPTER 7 ESTATE

Earlier this year the Bankruptcy Appellate Panel for the Ninth Circuit found that assets fraudulently transferred by a debtor during his Chapter 13 bankruptcy proceedings constituted assets of the bankruptcy estate despite a forced conversion of the proceedings from Chapter 13 to Chapter 7. In re Brown. In Brown, the Court explained “[t]he problem…began when […]