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ABI Journal

Consumer Bankruptcy

Interest at the State Rate Applies to Pre-Petition Judgments Found Nondischargeable

The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.

Nondischargeability Is No Bar to Feasibility in an Individual Chapter 11

Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.

Supreme Court Holds Argument in Lamar, Archer & Cofrin on Dischargeability

The high court seemed primed to rule that a debt will be discharged despite an oral misrepresentation about one asset.

Tuesday, April 17, 2018
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Granting or Denying a Homestead Exemption Remains a Final Order in the Ninth Circuit

Bullard did not undermine the automatic appealability of orders granting or denying homestead exemptions.

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.

Filing Date Controls Whether Residential Mortgages Can Be Modified

Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).

Debtor Successfully Claims an Exemption 19 Years after Discharge

Law v. Siegel allows exempting an asset that had not been scheduled.