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ABI Journal

Consumer Bankruptcy

Thursday, January 20, 2022
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Tuesday, January 18, 2022
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Homestead Proceeds May Be Exempt Under State Law but Not Under Federal Exemptions

Is a bankruptcy court improperly making federal common law in defining an exemption contrary to state law in an aspect of the exemption not explicitly covered by Section 522(d)(1)?

Bar to Challenging Taxes in Bankruptcy Court Isn’t Retroactive, Eleventh Circuit Says

The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.

Attachment

BAP Says that a Rule 41 Voluntary Dismissal Can Incorporate Discovery Sanctions

The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).