Consumer Bankruptcy

No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?

Court :

2nd Circuit

New York

New York Southern District

Reversing the BAP, Ninth Circuit Allows Chapter 13 Plans with Estimated Durations

The Ninth Circuit allows chapter 13 debtors on their own to accelerate payments to creditors and secure their discharges more quickly without modifying their plans.

Court :

9th Circuit

Benchnotes August 2020

Bankruptcy Code

Topic Tags

Alternative Dispute Resolution

Asset Sales

Claims

Bankruptcy Litigation

Ethics

Fraud

Practice and Procedure

Professional Compensation/Fees

Consumer Bankruptcy

Discharge/Dischargeability

Wednesday, June 24, 2020

Article Tags

Consumer Bankruptcy

Covid19

Labor/Employment

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

Appeal Heads Toward the Fourth Circuit on Arbitration of Discharge Violations

Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.

Court :

4th Circuit

South Carolina

The Difficulty Trustees Face in Cannabis-Related Cases: Plus, a Look at State Court Alternatives for Debtors

Sept 2020

Topic Tags

Consumer Bankruptcy

Friday, June 19, 2020

Article Tags

Corporate Governance

Court Administration

Practice and Procedure

Professional Compensation/Fees

Valuation

Venue/Jurisdiction

Consumer Bankruptcy

Business Reorganization

Covid19

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

Second Circuit Nixes Nationwide Class Actions for Discharge Violations

Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.

Court :

2nd Circuit