Consumer Bankruptcy | ABI

Joint Tax Refund Isn’t Estate Property in Florida if Only One Spouse Files Bankruptcy

When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.

Court :

Florida Middle District

Optimizing Benefits from Domestic-Support Claims for Both the Debtor and Creditor

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Plan Confirmation

Practice and Procedure

Consumer Bankruptcy

Family/Divorce Issues

Article Tags

Consumer Bankruptcy

Business Reorganization

Full analysis via ABI's COVID-19 Resources page.

Wednesday, May 19, 2021 - 12:00

Having Nondischargeable Debts Doesn’t Entitle a Chapter 7 Debtor to Object to Claims

Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.

Court :

Tennessee Western District

Brooklyn Decision Shows Why Litigation Finance Is Risky if the Plaintiff Files Bankruptcy

At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.

Court :

New York Eastern District

Attachment

aacer-apr-2021-nationwide-bankruptcy-filings-by-state-and-jurisdiction.xlsx

Sunday, August 10, 2025

Article Tags

Consumer Bankruptcy

Business Reorganization

Anonymous Messages Calling the Debtor a Philanderer Isn’t a Stay Violation

Harassing a former lover isn’t an automatic stay violation.

Court :

Florida Middle District

Thursday, May 6, 2021

Article Tags

Consumer Bankruptcy

Business Reorganization

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On Dismissal of a ‘13,’ Barton May (or May Not) Bar Garnishments

Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.

Court :

Persistent Misbehavior Allows the Court to ‘Bend’ Strict Statutory Language, Circuit Says

First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.

Court :

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