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Consumer Bankruptcy

Legislative Highlights January 2021

Jan 2021

Topic Tags
Legislation
Consumer Bankruptcy
Business Reorganization

A Conversation with President Bill Clinton

Jan 2021

Topic Tags
Legislation
Consumer Bankruptcy
Business Reorganization

Statement of Profitability Must Be in Writing to Underpin a Nondischargeability Claim

A statement about the profitability of a corporation the debtor owns is a statement about the debtor’s own financial condition, the Fifth Circuit says.

5th Circuit

A Nonprimary Residence May Nonetheless Qualify for a Federal Exemption

A debtor may have a valid ‘homestead’ exemption without residing in the property, so long as a dependent does reside there, the Second Circuit rules.

2nd Circuit

The Mailbox Presumption Won’t Deem a Claim to Have Been Timely Filed

Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.

4th Circuit
North Carolina
North Carolina Middle District

A Payment to a Death Beneficiary Under an IRA Is Not Estate Property

Even though received within 180 days of filing, a distribution from an IRA to a death beneficiary does not become estate property.

6th Circuit
Michigan
Michigan Eastern District
Friday, December 11, 2020
Article Tags
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Finance and Banking
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Thursday, December 10, 2020
Article Tags
Court Administration
Legislation
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
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

Arizona District Judge: No Final Orders in Preference Suits Without a Claim or Consent

Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.

9th Circuit
Arizona
Attachment
aacer-nov-2020-nationwide-bankruptcy-filings-by-state-and-jurisdiction.xlsx
Wednesday, October 8, 2025
Article Tags
Consumer Bankruptcy
Business Reorganization
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