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ABI Journal

June 01, 2018

Lower courts split three ways on 401(k) contributions and the calculation of disposable income in chapter 13.

April 18, 2018

Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.

April 12, 2018

Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.

April 06, 2018

Confirmation order cannot turn someone else’s property into estate property.

April 04, 2018

Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.

April 02, 2018

Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.

March 30, 2018

Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.

March 26, 2018

On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.

March 05, 2018

Some justices are critical of the existing test for ruling on non-statutory insider status.