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Consumer Bankruptcy

Judge Barnes Tells Gamblers What Records to Keep to Win a Discharge in Bankruptcy

The suggestion that the debtor never won undercut the poker player’s testimony about uncorroborated gambling losses.

7th Circuit
Illinois
Illinois Northern District

Sometimes, a Judgment Lien from Foreclosure Can Be Avoided as Homestead Impairment

A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.

11th Circuit
Florida
Florida Middle District

State Probate Law Determines What Is or Isn’t Estate Property

Unlike other states, creditors can attach 25% of a judgment debtor’s interest in a spendthrift trust in California.

9th Circuit
Wednesday, November 3, 2021
Article Tags
Court Administration
Consumer Bankruptcy
Covid19
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Debtors May Wind Up Operations in Chapter 12 and Farm Through LLCs

Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.

10th Circuit
Kansas

Inside ABI November 2021

Nov 2021

Topic Tags
Consumer Bankruptcy
Business Reorganization

Legislative Highlights November 2021

Nov 2021

Topic Tags
Legislation
Consumer Bankruptcy
Business Reorganization

Status Conferences to Continue Prepetition State Court Suits Don’t Violate the Stay

The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.

9th Circuit

Three-Year Bar to Refiling in Chapter 13 Imposed for ‘Vexatious, Frivolous’ Litigation

Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.

5th Circuit
Texas
Texas Northern District

Bar Date Notice by Email Is Insufficient, Delaware’s Judge Goldblatt Says

Notice by email may satisfy due process but doesn’t comply with notice by ‘mail’ under Bankruptcy Rule 2002.

3rd Circuit
Delaware
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