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.

Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien

Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.

Ownership or Lease Not Required to Claim Auto Expense Deduction

Ninth Circuit B.A.P. goes easy on a debtor who can’t afford to own a car on her own.
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Circuit Split Deepens on Stale Claims as Violations of the FDCPA

Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.
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Error | ABI

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