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ABI Journal

Consumer Bankruptcy

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.

4th Circuit
North Carolina
North Carolina Eastern District

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).

1st Circuit
Massachusetts

Debtor Successfully Claims an Exemption 19 Years after Discharge

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

2nd Circuit
New York
New York Western District
Attachment
aacer-mar-2018-nationwide-bankruptcy-filings-by-state-and-jurisdiction.xlsx
Tuesday, October 7, 2025
Article Tags
Consumer Bankruptcy
Business Reorganization

Chicago Wins One Round in Battle over Parking Tickets

The battle continues in Chicago over using chapter 13 to beat parking tickets.

7th Circuit
Illinois
Illinois Northern District

Structured Finance Protects Tuition Payments from Fraudulent Transfer Suits

Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.

2nd Circuit
New York
New York Eastern District

Another Bankruptcy Judge Disregards Student Loans on Chapter 13 Eligibility

Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.

7th Circuit
Wisconsin
Wisconsin Western District

With Notice Comes Responsibility: Direct Payments to Creditors Are Payments “Under the Plan” and Required for Debtor to Be Granted § 1328(a) Discharge

May 2018

Bankruptcy Code
1328
Topic Tags
Consumer Bankruptcy
Discharge/Dischargeability

Don’t Move the Goalposts: Section 1328 Should Not Deny Discharge to Debtor Who Completes Payments to Trustee, but Is Behind on Direct Payments

May 2018

Bankruptcy Code
1328
Topic Tags
Consumer Bankruptcy
Discharge/Dischargeability

Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card

Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.

11th Circuit
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