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ABI Journal

Consumer Bankruptcy

Sixth Circuit Erects Barriers to FDCPA Suits by Consumers in a 2/1 Opinion

A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.

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.

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.

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.

Friday, August 13, 2021
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