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Consumer Bankruptcy

Tuition Payments by Insolvent Parents (Likely) Constitute Fraudulent Transfers

District judge in Brooklyn overturns the bankruptcy court and again exposes colleges and universities to the receipt of fraudulent transfers when insolvent parents pay their childrens’ tuition.

2nd Circuit
New York
New York Eastern District

Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says

Vigorous dissent argues that the majority misread Ninth Circuit precedent in barring a debtor from exempting post-petition appreciation in a homestead.

9th Circuit

Courts Split on Arbitrating Dischargeability of Student Loans

Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.

7th Circuit
Indiana
Indiana Southern District

Inside ABI December 2018

Dec 2018

Topic Tags
Bankruptcy Litigation
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
International Insolvency

Legislative Highlights December 2018

Dec 2018

Topic Tags
Legislation
Consumer Bankruptcy
Consumer Debt
Business Reorganization

Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says

Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.

4th Circuit

Benchnotes January 2019

Jan 2019

Bankruptcy Code
108
11 U.S.C. § 363
11 U.S.C. § 365
507
Topic Tags
Asset Sales
Automatic Stay
Bankruptcy Litigation
Consumer Bankruptcy
Discharge/Dischargeability
Family/Divorce Issues
Business Reorganization

Cross-Collateralization and a Debtor’s Options Under § 1325(a)(5)

Jan 2019

Bankruptcy Code
1325
Topic Tags
Bankruptcy Litigation
Plan Confirmation
Consumer Bankruptcy
Consumer Debt
Finance and Banking

Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines

The government doesn’t violate the automatic stay by refusing to reinstate a driver’s license suspended for failure to pay traffic fines, Judge Surratt-States says.

8th Circuit
Missouri
Missouri Eastern District

New Jersey Judges Side with the Minority on Turnover of Repossessed Autos

Split deepens regarding failure to return a repossessed auto as an automatic stay violation.

3rd Circuit
New Jersey
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