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Consumer Bankruptcy

Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy

Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’

10th Circuit
Kansas

Seventh Circuit Allows Anticipated Tax Refunds to Be Offset by Expenses in Chapter 13

On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.

7th Circuit

May 2018 Benchnotes

May 2018

Bankruptcy Code
303
330
502
524
326
541
Topic Tags
Administrative Expense Claims
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Executory Contracts/Leases
Consumer Bankruptcy
Business Reorganization
Unsecured Trade Creditors

Inside ABI April 2018

April 2018

Topic Tags
Legislation
Consumer Bankruptcy
Business Reorganization
Puerto Rico

Legislative Highlights April 2018

April 2018

Topic Tags
Legislation
Consumer Bankruptcy
Business Reorganization
Puerto Rico

Court May Depart from the Code When the Debtor Consents and No One Objects

Unique facts were again the basis for a result seemingly at odds with the statute.

2nd Circuit
New York
New York Northern District

Tennessee Judge Rules Back Child Support Is Not Estate Property

Courts are split on whether child support arrears are estate property.

6th Circuit
Tennessee
Tennessee Eastern District

Challenging Student Loans Permissible Six Years after Discharge

Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.

10th Circuit
New Mexico
Article Tags
Consumer Bankruptcy
Business Reorganization

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Unlicensed Debt Collectors May File Proof of Claim Despite State Law

Midland Funding expanded to allow unlicensed debt collectors to file claims.

4th Circuit
Maryland
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