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ABI Journal

August 27, 2025

Entire Tax Refund Was Exempt, Not Just the Pro Rata Child Tax Credit

The Tenth Circuit interprets a state exemption statute ‘liberally’ in favor of the debtor.

10th Circuit

August 22, 2025

Proceedings for Contempt of a State Court Order Weren’t Stay Violations, BAP Says

An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.

10th Circuit

August 21, 2025

A Disappointed Bidder Didn’t Have Prudential Standing in a Chapter 7 Case

In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.

New Mexico

August 20, 2025

Disgorgement Was the Remedy for Failure to Disclose a Post-Petition Retainer

Disclosing a post-petition retainer in a monthly operating report wasn’t a substitute for disclosure required by Rule 2016(b)(2).

New York Southern District

August 19, 2025

Allowed Claim Can’t Be Used Offensively, Second Circuit Says

Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.

2nd Circuit

August 12, 2025

Eleventh Circuit: Chapter 13 Debtor Keeps Settlement of a Personal Injury Claim

What’s a settlement of a personal injury claim? Is it income earmarked for creditors in chapter 13?

11th Circuit

August 05, 2025

No Substitutes for a Stay Pending Appeal to Avoid Mootness of a Sale Order

The appeal involved the sale of defensive appellate rights but wasn’t grounds for the decision by the Eighth Circuit.

8th Circuit

July 31, 2025

A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction

In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.

Kansas

July 23, 2025

Second Circuit Courts Narrowly View Finality of Bankruptcy Appeals

A district court in New York holds that denial of a settlement motion is not final and not appealable.

New York Eastern District

July 22, 2025

Unexpected Income Required Modification of a Chapter 13 Plan

Judge Rebecca B. Connelly allowed a debtor couple to retain enough unexpected income to pay deferred maintenance on the debtors’ home.

West Virginia