Consumer Bankruptcy | ABI

Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property

District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.

Court :

Georgia Northern District

When (if Ever) Can an Attorney Advise a Client to Incur Debt?

Bankruptcy Code

Topic Tags

Consumer Bankruptcy

Expense Reimbursements Are Included in Calculating Current Monthly Income

Income is included in calculating CMI, even if it’s not ‘stable and regular.’

Court :

UpRight: A Cautionary Tale of a National Consumer Law Firm

Topic Tags

Practice and Procedure

Consumer Bankruptcy

‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

Court :

Florida Southern District

Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results

Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.

Court :

Georgetown Law Center’s Bankruptcy Advocacy Practicum: Providing Pro Bono Appellate Briefs for Consumer Debtors

Bankruptcy Code

Topic Tags

Consumer Bankruptcy

Discharge/Dischargeability

Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions

Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.

Court :

Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees

Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.

Court :

Wednesday, May 9, 2018

Article Tags

Consumer Bankruptcy

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