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ABI Journal

Consumer Bankruptcy

A Consensual Judgment Is a Judgment Lien Subject to Avoidance Under Section 522(f)

‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.

6th Circuit
Ohio
Ohio Southern District
Monday, December 30, 2024
Article Tags
Consumer Bankruptcy
Consumer Debt
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Thursday, December 26, 2024
Article Tags
Consumer Bankruptcy
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Student Loan Discharge: Where Are We Headed?

Feb 2025

Bankruptcy Code
523(a)(8)
Topic Tags
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

Benchnotes February 2025

Feb 2025

Bankruptcy Code
11 U.S.C. § 105
11 U.S.C. § 362
11 U.S.C. § 363
303
305
Topic Tags
Alternative Dispute Resolution
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Court Administration
Plan Confirmation
Practice and Procedure
Consumer Bankruptcy
Tuesday, December 24, 2024
Article Tags
Fraud
Consumer Bankruptcy
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Ninth Circuit Primed to Decide Whether Emotional Distress Damages Survived Taggart

The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.

9th Circuit
Monday, December 23, 2024
Article Tags
Court Administration
Fraud
Consumer Bankruptcy
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‘Accrual Test’ Again Survives to Say Whether the Debtor or the Estate Owns a Claim

There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.

11th Circuit
Florida
Florida Middle District
Thursday, December 19, 2024
Article Tags
Consumer Bankruptcy
Discharge/Dischargeability
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