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ABI Journal

October 03, 2019

Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments

Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.

11th Circuit, Georgia, Georgia Southern District

October 02, 2019

Proceedings for Contempt Discharge Held Not Subject to Arbitration

Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.

11th Circuit, Florida, Florida Middle District

September 27, 2019

Proceeds of Exempt Property Retain Exempt Status in Chapter 7, District Judge Says

District judge in Maine follows the Fifth Circuit by ruling that the post-petition sale of exempt property does not destroy the exempt status of the proceeds.

1st Circuit, Maine

September 25, 2019

Sixth Circuit Might Rule on Deductions for Contributions to Retirement Accounts

Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’

6th Circuit, Michigan, Michigan Eastern District

September 24, 2019

Section 505(a) Doesn’t Confer Jurisdiction to Determine Amount of a Tax, Circuit Says

Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.

7th Circuit

September 20, 2019

BAP Decision Previews Issues Confronting the Supreme Court in Ritzen

Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’

Supreme Court

September 18, 2019

New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules

Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.

3rd Circuit, New Jersey

September 17, 2019

Second Circuit Explains when Default Judgments Qualify for Issue Preclusion

Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.

2nd Circuit

September 12, 2019

Boston Judge Suggests Procedures for Removing Uncertainty from Section 365(p)

Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).

1st Circuit, Massachusetts

August 30, 2019

Taggart’s Effect Evident in Eleventh Circuit Ruling on Discharge Violation

An action that could violate the FDCPA may not be a violation of the discharge injunction.

11th Circuit