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ABI Journal

Consumer Bankruptcy

Chapter 13 Debtor Keeps Postpetition Appreciation in Nonexempt Property, BAP Says

Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.

Technicalities Insulated a Lawyer from Liability for Misusing an IOLA

A creditor lost a dischargeability suit by failing to call the right witnesses to prove that a lawyer’s trust account was used to hide assets.

A Prior BAP Opinion Is Virtually Binding on a Later BAP Panel

A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”

Monday, January 13, 2020
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