Chapter 7 Debtors Might Benefit from Jevic by Analogy
Otherwise-valueless exemptions might get value, depending on the outcome of Jevic.
Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13
To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.
Court:
Dismissal of a Chapter 13 Case Bars Invocation of Judicial Estoppel
Dismissing a chapter 13 case successfully retains the benefit of a lawsuit for the debtor alone.
Court:
Recent Decisions Bar Cramdown on Mixed-Use Principal Residences
Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.
Court:
Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs
State law overrides ‘significant policy concerns’ in Supreme Court decision.
Court:
Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA
Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.
Court:
Judge Rules Reality TV Star Teresa Giudice's Bankruptcy Case Must Be Reopened
Please note that in order to view the content for the Bankruptcy Headlines you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure
Proving occurrence of rape evidently does not carry a presumption of intent to injure.
Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13
Rule 3002(c) has the only permissible grounds for allowing a late claim.
Court:
FBI Arrests 8 in Miami, Accusing Them of Hiding Assets Before Bankruptcy
Please note that in order to view the content for the Bankruptcy Headlines you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member