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ABI Journal

Consumer Bankruptcy

Thursday, May 6, 2021
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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.

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.

Friday, April 30, 2021
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Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says

A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.