Bankruptcy | Judiciary.org

Supreme Court

Government seeks clarity on remedy after recent bankruptcy decision

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Last summer, the Supreme Court ruled in Siegel v. Fitzgerald that a 2017 law permitting debtors in bankruptcy proceedings in North Carolina and Alabama to pay lower administrative fees than those paid by debtors in other states violated the Constitution’s requirement that Congress provide uniform bankruptcy laws nationwide. That decision … Read the rest

Supreme Court

Justices dubious of creating “extra-special super-super clear statement rule” to exempt tribes from obligation to respect bankruptcy process

Monday’s arguments in Lac du Flambeau Band v. Coughlin revealed a bench deeply skeptical of the argument that Native American tribes should be exempt from the automatic stay of the Bankruptcy Code even though the federal and state governments are not.

The case involves an online payday lending operation of the Lac du Flambeau Band of Lake Superior Chippewa Indians. Brian Coughlin borrowed money from the Band’s lending operation. When he then filed for bankruptcy the Band ignored the … Read the rest

Circuit Courts

Bankruptcy Filings Drop 6.3 Percent

Bankruptcy filings fell 6.3 percent for the 12-month period ending Dec. 31, 2022, continuing a fall that coincided with the start of the COVID-19 pandemic. But individual filings under Chapter 13 increased significantly.
Judiciary News – United States Courts… Read the rest

Circuit Courts

Bankruptcy Filings Continue to Fall

Personal and business bankruptcy filings fell 11.7 percent for the 12-month period ending Sept. 30, 2022. Filings continued a fall that coincided with the start of the coronavirus (COVID-19) pandemic.
Judiciary News – United States Courts… Read the rest

Circuit Courts

Just the Facts: Consumer Bankruptcy Trends, 2005-2021

A new installment of the Just the Facts series examines consumer bankruptcy filings from 2005 to 2021, and includes how bankruptcy filings changed during the Great Recession and COVID-19 pandemic.
Judiciary News – United States Courts… Read the rest

Circuit Courts

Bankruptcy Filings Take Sharp Drop

Personal and business bankruptcy filings took a sharp drop in the twelve-month period ending June 30, 2022, falling 17.7 percent compared with the previous year.
Judiciary News – United States Courts… Read the rest

Circuit Courts

Bankruptcy Filings Continue Steady Drop

Bankruptcy filings continued a steep two-year-long fall that coincided with the start of the coronavirus (COVID-19). Filings fell 16.5 percent for the 12-month period ending March 31, 2022.
Judiciary News – United States Courts… Read the rest

Circuit Courts

Bankruptcy Judges Teach Financial Literacy with CARE for 20 Years

After a two-year hiatus from in-person outreach programs due to COVID-19, bankruptcy judges are returning to classrooms to teach students how to manage personal finances with informed planning and decision-making.
Judiciary News – United States Courts… Read the rest