Consumer Bankruptcy | ABI

Monday, February 12, 2018

Article Tags

Court Administration

Creditors' Committee

Consumer Bankruptcy

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Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors

Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.

Court :

Thursday, February 8, 2018

Article Tags

Court Administration

Consumer Bankruptcy

Finance and Banking

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Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal

Relation-back kicks in if an earlier motion contains the elements of a complaint.

Court :

Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner

Congress created a loophole in the hanging paragraph in Section 1325(a).

Court :

West Virginia Northern District

Buyer’s Remorse: How § 362(d)(4) Facilitates Fraud

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.

Court :

Illinois Divorce Court Can Strip Away Estate Property, Seventh Circuit Says

Overlay divorce and bankruptcy, and you’ve got a big mess.

Court :

Another Example: Student Loans Are Virtually Impossible to Discharge

District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.

Court :

Pennsylvania Eastern District

Inside ABI February 2018

Topic Tags

Practice and Procedure

Consumer Bankruptcy

Business Reorganization

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