1322 | ABI

Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.

Court :

9th Circuit

California

California Eastern District

So You Have Claims About This Claim?

Bankruptcy Code

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ABI Talks: Bankruptcy Ideas Worth Sharing

Bankruptcy Code

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Bankruptcy Litigation

Financial Advisors

Legislation

Practice and Procedure

Telecom/Tech

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Hot Topics with Bill Rochelle

Bankruptcy Code

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Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Preferences

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Debt

Discharge/Dischargeability

Business Reorganization

International Insolvency

Mass Torts

Puerto Rico

Small Business

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Recoveries on Postpetition Tort Recoveries Do (Do Not) Belong to Creditors in ‘13’

Rather than invoking the best interests and disposable income tests for plan confirmation, the Eleventh Circuit may have departed from the statute by ruling that the ‘ability to pay’ gives postpetition tort claims to creditors in chapter 13.

Court :

11th Circuit

Alabama

Alabama Southern District