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Consumer Bankruptcy

Nonelective Medical Bills Should Not Be Considered “Consumer Debts”

July 2021

Bankruptcy Code
101
707
Topic Tags
Consumer Bankruptcy
Consumer Debt

Section 522(b)(3): A Debtor with No Homestead Exemption

July 2021

Bankruptcy Code
522
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Venue/Jurisdiction
Consumer Bankruptcy

Medical Debts: Voluntary, Personal and (Therefore) “Consumer”

July 2021

Bankruptcy Code
101
Topic Tags
Consumer Bankruptcy
Consumer Debt

Chapter 13 Debtor May (Sometimes) Contribute to Retirement Plans

A chapter 13 debtor was permitted to make a fraction of the pension contributions permitted by the IRS Code.

4th Circuit
South Carolina

Judge Elizabeth Katz Gives Some Relief for a Debtor Ineligible to Discharge Student Loans

Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.

1st Circuit
Massachusetts

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.

11th Circuit
Florida
Florida Middle District

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

July 2021

Bankruptcy Code
11 U.S.C. § 362
1327
1329
Topic Tags
Automatic Stay
Claims
Plan Confirmation
Practice and Procedure
Consumer Bankruptcy
Family/Divorce Issues
Article Tags
Consumer Bankruptcy
Business Reorganization
Covid19

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

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.

6th Circuit
Tennessee
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.

2nd Circuit
New York
New York Eastern District
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