Skip to main content
Help Center
ABI Journal

Consumer Bankruptcy

Is That Exploration and Production Lease Really a Lease?

Dec 2018

Bankruptcy Code
11 U.S.C. § 365
Topic Tags
Asset Sales
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Financial Advisors
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Finance and Banking
Investment Banking
Real Estate
Small Business
Turnaround Issues

The Meaning of “with Respect to the Debtor” Revealed

Dec 2018

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

Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties

Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.

6th Circuit
Ohio
Ohio Southern District

Following the Money: Who Got How Much in Chapter 7 and 13 Cases from 2007-16?

Dec 2018

Topic Tags
Claims
Professional Compensation/Fees
Consumer Bankruptcy

BAP Holds that an IRA from a Marital Property Settlement Is Not Exempt

BAP expands Clark v. Rameker to cover IRAs transferred in a divorce proceeding.

8th Circuit

Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay

Circuit split is widening on whether inaction can be a violation of the automatic stay.

10th Circuit

Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction

Section 1322(c) allows a debtor to cure a mortgage default so long as the foreclosure deed was not recorded before bankruptcy.

1st Circuit
New Hampshire
Article Tags
Consumer Bankruptcy
Business Reorganization

Full statistical charts.

Educational Loans from a Private Lender Are Held Dischargeable

Courts are split on whether all educational loans are nondischargeable as an educational benefit.

10th Circuit
Colorado

Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans

Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?

6th Circuit
Ohio
Ohio Northern District
Subscribe to %1