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ABI Journal

Displaying Journal Articles with Column Consumer Point/Counterpoint

Good-Faith 401(k) Contributions in Chapter 13 Estates: When Is It Reasonable to Expect Creditors to Fund Them?

Oct 2020
541
Plan Confirmation, Consumer Bankruptcy

A Late-Filed Return Does Not Lose Its Status Because It Was Filed Late

May 2020
523
Consumer Bankruptcy, Discharge/Dischargeability, Bankruptcy Taxation

A Day or a Decade: Failure to Meet Deadlines Makes Taxes Nondischargeable

May 2020
Consumer Bankruptcy, Discharge/Dischargeability

Pre-Petition Credit Counseling: Re-Evaluation and Standardization Needed

Jan 2020
109
Consumer Bankruptcy

Following the Leader: Section 109(g)(2) Requires Only a Sequential Analysis for Purposes of Eligibility After a Voluntarily Dismissed Case

August 2019
109
Consumer Bankruptcy

You Don’t Need a Sledgehammer to Crack a Nut: Only a Causal Connection Should Trigger the 180-Day Bar Necessary to Prevent Abusive Repeat Filings

August 2019
109
Automatic Stay, Consumer Bankruptcy, Consumer Debt, Real Estate

Fail to Make Direct Payments to Secured Creditors? Discharge OK

May 2019
1326, 1328, 1322
Consumer Bankruptcy, Consumer Debt, Discharge/Dischargeability, Mortgage

Fail to Make Direct Payments to Secured Creditors? No Discharge

May 2019
1325, 1328, 1322
Consumer Bankruptcy, Consumer Debt, Discharge/Dischargeability, Mortgage

The Code Does Not Permit a Debtor to Modify an Allowed Secured Claim

Aug 2018
502, 1325, 1327, 1329
Claims, Plan Confirmation, Practice and Procedure, Valuation, Consumer Bankruptcy, Consumer Debt

A Fresh Start with Flexibility: Consumers Can Modify the Treatment of a Secured Claim in a Confirmed Plan to Surrender Collateral Under § 1329

Aug 2018
1329
Consumer Bankruptcy, Consumer Debt