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Consumer Bankruptcy

Inside ABI January 2019

Jan 2019

Topic Tags
Practice and Procedure
Consumer Bankruptcy
Business Reorganization

Return of Vehicles Seized Before a Chapter 13 Filing: Does a Debtor Have to File a Turnover Motion?

April 2019

Bankruptcy Code
11 U.S.C. § 362
542
Topic Tags
Automatic Stay
Consumer Bankruptcy

Courts Are Split on Breach of Contract Resulting in Nondischargeability

In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).

10th Circuit
New Mexico

An Interest in Property as JTWROS Drops Out of the Estate on Death of the Debtor

JTWROS ownership confers benefits and disadvantages in bankruptcy, too.

10th Circuit

Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation

Ninth Circuit is the first court of appeals to expand a debtor’s appellate counsel fees beyond successfully defending an award for a willful stay violation.

9th Circuit

Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash

Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.

10th Circuit
Kansas

When Is a House a “Home”? Varied Dates Used to Determine a Debtor’s “Principal Residence”

March 2019

Bankruptcy Code
105
1322
Topic Tags
Claims
Bankruptcy Litigation
Legislation
Plan Confirmation
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Mortgage
Predatory Lending

Too Broke for a Fresh Start

Feb 2019

Topic Tags
Consumer Bankruptcy
Consumer Debt
Friday, December 21, 2018
Article Tags
Court Administration
Ethics
Consumer Bankruptcy
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District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules

Local rules may not impose confirmation requirements beyond those contained in the statute.

7th Circuit
Illinois
Illinois Southern District
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