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Consumer Bankruptcy

Absolute-Priority Rule Should Apply in Individual Ch. 11 Cases

May 2021

Bankruptcy Code
1129
Topic Tags
Plan Confirmation
Consumer Bankruptcy
Small Business

Benchnotes May 2021

May 2021

Bankruptcy Code
11 U.S.C. § 363(m)
330
503
706
1104
Topic Tags
Administrative Expense Claims
Asset Sales
Bankruptcy Litigation
Ethics
Fraud
Plan Confirmation
Professional Compensation/Fees
Consumer Bankruptcy
Family/Divorce Issues

To amend the CARES Act to extend the sunset for the definition of a small business debtor, and for other purposes.

Thursday, February 25, 2021
Article Tags
Legislation
Consumer Bankruptcy
Business Reorganization
Covid19
Small Business
Full bill text.

To amend the CARES Act to extend the sunset for the definition of a small business debtor, and for other purposes.

Monday, March 8, 2021
Article Tags
Legislation
Consumer Bankruptcy
Business Reorganization
Covid19
Small Business
Full bill text.

Inability to Cover Accruing Interest Was Pivotal on Discharging Student Loans

Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.

10th Circuit
Kansas
Friday, March 19, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Consumer Bankruptcy
Consumer Debt
Finance and Banking
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Only Noncitizens with ‘Green Cards’ Qualify for a Florida Homestead Exemption

Intending to reside permanently in the U.S. won’t qualify someone for a Florida homestead exemption unless the debtor is entitled to permanent residency.

11th Circuit
Florida
Florida Middle District
Thursday, March 18, 2021
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Mass Torts
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Thursday, March 18, 2021
Article Tags
Consumer Bankruptcy
Covid19
Finance and Banking
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Unsurprisingly, Second Circuit Reaffirms the Strictures of Brunner

Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.

2nd Circuit
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