Consumer Bankruptcy

Inside ABI September 2020

Sept 2020

Topic Tags

Consumer Bankruptcy

Business Reorganization

Fifth Circuit Invalidates Local Chapter 13 Plan Regarding Tax Refunds

Below median debtors are no longer required to turn over tax refunds in excess of $2,000.

Court :

5th Circuit

Third Circuit Backtracks; Malice Not Required for Punies on a Dismissed Involuntary

Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.

Court :

3rd Circuit

Fourth Circuit Stands Alone in Limiting Chapter 13 Plan Modifications

Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.

Court :

11th Circuit

Tenth Circuit Panel Splits on a Triangular Preference

Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.

Court :

10th Circuit

Sanctions of $150,000 Upheld Against Nationwide Consumer Firm

When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.

Court :

11th Circuit

Monday, August 24, 2020

Article Tags

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Parental Support Isn’t Counted on Discharge of Student Loans, Judge Kendig Says

Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.

Court :

6th Circuit

Ohio

Ohio Northern District

Benchnotes October 2020

Oct 2020

Bankruptcy Code

11 U.S.C. §§ 101-1532

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Executory Contracts/Leases

Fraudulent Transfers

Professional Compensation/Fees

Consumer Bankruptcy

Family/Divorce Issues

Business Reorganization

Covid19

Small Business

Friday, August 21, 2020

Article Tags

Consumer Bankruptcy

Consumer Debt

Covid19

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