Consumer Bankruptcy | ABI

The Student Borrower Bankruptcy Relief Act of 2019

Topic Tags

Consumer Bankruptcy

Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13

Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.

Court :

Sixth Circuit Muses on Whether ‘Prudential Standing’ Applies in Bankruptcy

New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.

Court :

Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees

Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.

Court :

Oklahoma Western District

‘Earmarking’ Only Applies When a Debtor Receives a Loan from a Third Party

Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.

Court :

Pennsylvania Eastern District

Supreme Court Agrees to Rule on What Is or Is Not a ‘Final, Appealable’ Order

For now, the high court ducks an important automatic stay question for chapter 13 debtors.

Court :

Monday, May 20, 2019

Article Tags

Consumer Bankruptcy

Predatory Lending

Finance and Banking

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Did Segal Survive Butner in Defining Property of the Estate?

Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.

Court :

Illinois Central District

All Bark and No Bite? Pets as Collateral for Secured Loans

Bankruptcy Code

Topic Tags

Consumer Bankruptcy

Predatory Lending

Uniform Commercial Code/Article 9

Benchnotes July 2019

Bankruptcy Code

11 U.S.C. §§ 101-1532

Topic Tags

Bankruptcy Litigation

Plan Confirmation

Consumer Bankruptcy

Business Reorganization

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