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ABI Journal

Consumer Bankruptcy

Friday, July 23, 2021
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Puerto Rico Case and the Efficacy of Prof. Westbrook’s Definition of ‘Executoriness’

The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.

Wednesday, July 21, 2021
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Wednesday, July 21, 2021
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Tuesday, July 20, 2021
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All Private Student Loans Are Not Excepted from Discharge, Second Circuit Holds

No circuit split: The Second Circuit agrees with the Fifth and Tenth Circuits that only a subset of private student loans is automatically nondischargeable.

Tribal Law Defined the Nature of a Tribe Member’s Property Interest in Gaming Revenue

Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.

Friday, July 16, 2021
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Fees Benefiting Only the Debtor — and Not the Estate — Are Compensable in Chapter 13

Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.