Consumer Bankruptcy

Friday, November 8, 2024

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Wednesday, November 6, 2024

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Court Administration

Creditors' Committee

Consumer Bankruptcy

Business Reorganization

Mass Torts

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Tuesday, November 5, 2024

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Consumer Bankruptcy

Business Reorganization

Small Business

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Fully Secured, Nonrecourse Creditors Can Be Involuntary Petitioners, BAP Says

An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.

Court :

9th Circuit

Releasing a Lien Under Section 1325(a)(5)(B) Is Different When There Are Co-Debtors

Despite Section 1325(a)(5)(B), an auto lender was entitled to retain a lien when there were co-debtors.

Court :

7th Circuit

Illinois

Illinois Southern District

Inside ABI November 2024

Nov 2024

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Consumer Bankruptcy

Business Reorganization

Legislative Highlights November 2024

Nov 2024

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Legislation

Consumer Bankruptcy

Business Reorganization

A Chapter 13 Plan Amended Today Cannot Have an 84-Month Duration

The expiration of Section 1329(d) in March 2022 means that 84-month chapter 13 plans amended now must revert to 60-month plans.

Court :

9th Circuit

Oregon

A Retirement Plan that’s Not ‘Tax-Qualified’ Is Still Excluded from Estate Property

Declining to create a circuit split, Third Circuit Judge Thomas Ambro held that a retirement plan structured according to ERISA is excluded from estate property even if transactions by the trust violated ERISA or IRS Code regulations.

Court :

3rd Circuit

Benchnotes December 2024

Bankruptcy Code

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