Consumer Bankruptcy | ABI

Chapter 11’s Double Whammy on Individual Debtors

Bankruptcy Code

Topic Tags

Consumer Bankruptcy

New Laws, New Duties: USTP’s Implementation of the HAVEN Act and the SBRA

Bankruptcy Code

Topic Tags

Creditors' Committee

Plan Confirmation

Professional Compensation/Fees

Consumer Bankruptcy

Discharge/Dischargeability

Business Reorganization

Chapter 12/Farm Cases

Inside ABI September 2019

Topic Tags

Practice and Procedure

Consumer Bankruptcy

Business Reorganization

Benchnotes October 2019

Bankruptcy Code

11 U.S.C. § 363

Topic Tags

Bankruptcy Litigation

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

Business Reorganization

Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property

BAP holds that an individual in chapter 11 isn’t required to contribute new value to retain exempt property.

Court :

Vesting in the Windy City: Debtors Should Decide How to Vest Property Under Chapter 13

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Plan Confirmation

Practice and Procedure

Consumer Bankruptcy

The State of the Chapter 13 Estate: Miseducation of §§ 1306 and 1327

Bankruptcy Code

Topic Tags

Plan Confirmation

Consumer Bankruptcy

Debt Discharged in Prior Chapter 7 Isn’t Counted in Later Chapter 13 Eligibility

In calculating eligibility for chapter 13, Judge Nevins in Connecticut differs from some other bankruptcy judges in the Second Circuit.

Court :

Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.

Court :

Homestead Exemption Upheld on a House Neither Taxed nor Zoned for Residential Use

Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.

Court :

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