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Consumer Bankruptcy

First Circuit Dismisses as Moot Even Though the Appeal Dealt with Payment of Money

Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.

1st Circuit

Debtors Can’t Easily Glom Uncashed Distribution Checks

Just because a creditor doesn’t cash a distribution check doesn’t mean it’s abandoned and reverts to the debtor.

9th Circuit
California
California Eastern District

Congress Must Decide: May Chapter 13 Debtors Contribute to 401(k) Plans?

Courts are split on whether chapter 13 effectively prohibits debtors from making voluntary contributions to 401(k) plans.

6th Circuit
Friday, August 13, 2021
Article Tags
Court Administration
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
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Friday, August 13, 2021
Article Tags
Court Administration
Practice and Procedure
Consumer Bankruptcy
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In ‘Chapter 20,’ Discharged Mortgage Claim Resurrects as Unsecured, EDNY Judge Says

Judge Grossman didn’t abolish ‘chapter 20’ entirely. He required the debtor to treat the subordinate mortgage lender like all other unsecured creditors, even though the debtor’s personal liability to the lender had been discharged in the prior chapter 7 case.

2nd Circuit
New York
New York Eastern District
Wednesday, August 11, 2021
Article Tags
Court Administration
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
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Wednesday, August 11, 2021
Article Tags
Court Administration
Consumer Bankruptcy
Business Reorganization
Covid19
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NC Appellate Court Rules Plans Must Be Unambiguous to Hold a Creditor in Civil Contempt, Citing Taggart

After Taggart v. Lorenzen, plans, orders and injunctions must be highly specific to hold an offending creditor in contempt.

4th Circuit
North Carolina
North Carolina Eastern District

To amend title 11, United States Code, to improve the treatment of student loans in bankruptcy, and for other purposes.

Wednesday, August 4, 2021
Article Tags
Legislation
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Full bill text.
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