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Consumer Bankruptcy

Legislative Highlights March 2020

March 2020

Topic Tags
Legislation
Consumer Bankruptcy
Consumer Debt
Puerto Rico

Sen. Warren Proposes Sweeping Reforms to the Bankruptcy Code

March 2020

Topic Tags
Bankruptcy Litigation
Legislation
Consumer Bankruptcy
Consumer Debt

Large Medical Bills Held Not to Be ‘Consumer’ Debts

Courts are split on whether large medical bills are consumer debts that invoke the means test and can bar relief in chapter 7.

6th Circuit
Ohio
Ohio Southern District

Untangling the Web of § 362(c)(3)(A) and Its Legislative History

April 2020

Bankruptcy Code
11 U.S.C. § 362
Topic Tags
Automatic Stay
Legislation
Consumer Bankruptcy

Eighth Circuit Has No Per Se Rule Disallowing Exemptions for IRAs in Divorce

Eighth Circuit may have rejected blanket disallowance of exemptions for retirement accounts transferred in divorce.

8th Circuit

May a Chapter 13 Plan Pay a Larger Percentage Toward Student Loans?

Since Congress has made student loans virtually nondischargeable, why can’t a chapter 13 plan discriminate in favor of paying more toward student loans?

2nd Circuit
New York
New York Northern District

Section 362(k)(1) Sanctions Apply to Automatic Stay Violation Continuing After Discharge

Almost $35,000 in actual and punitive damages was imposed on a judgment creditor and its collection law firm for failing to vacate a garnishment following notice of bankruptcy and discharge.

9th Circuit
California
California Eastern District
Article Tags
Consumer Bankruptcy
Business Reorganization

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First Circuit Reverses the BAP for Fact-Finding on Appeal

First Circuit requires detailed fact-finding by the bankruptcy court on the credibility of witnesses and the elements of nondischargeability for false representations.

1st Circuit
Thursday, February 6, 2020
Article Tags
Consumer Bankruptcy
Business Reorganization
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