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ABI Journal

Rochellel's Daily Wire

August 16, 2016

Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment

Try garnishment, not contempt, to collect support from a chapter 13 debtor.

11th Circuit, Georgia, Georgia Southern District

August 15, 2016

Chapter 13 Confirmation Bars Garnishment to Pay Child Support

BAPCPA didn’t end all restraints on the collection of child support, Eleventh Circuit holds.

11th Circuit

August 15, 2016

Gift Cards Denied Priority Status in Delaware, Contravening Prior Delaware Decision

Delaware’s Judge Kevin Gross declines to follow prior decision by visiting judge.

3rd Circuit, Delaware

August 15, 2016

California Judge Adopts Minority View on Automatic Termination of the Stay

District judge follows Ninth Circuit BAP on stay termination for serial filers.

9th Circuit, California, California Northern District

August 12, 2016

Expenses of Jailing a Child Are Dischargeable, Ninth Circuit Holds

Ninth Circuit employs a bankruptcy case to criticize local governments for ‘self-generated revenue.’

9th Circuit

August 12, 2016

Bankruptcy Court Has ‘Core’ Power to Enforce a Final ‘Non-Core’ Order, Circuit Says

Enforcing an Article III court’s decision on ownership is a ‘core’ proceeding, Judge Posner rules.

7th Circuit

August 12, 2016

Fifth Circuit Clarifies Texas Law on Remand in Husky v. Ritz

Appellate court cannot draw inferences not made in the trial court, circuit says.

5th Circuit

August 11, 2016

Debtor Left Homeless by Inability to Alter Her Homestead Exemption Claim

Arizona debtors are stuck with the homestead claimed on the filing date.

9th Circuit, Arizona

August 11, 2016

Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA

Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy.

7th Circuit

August 10, 2016

Courts Split on Per-Plan or Per-Debtor Acceptance for Cramdown Confirmation

Section 1111(b) election does not require a due-on-sale clause in a restructured mortgage.

9th Circuit, Arizona