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ABI Journal

Consumer Bankruptcy

Courts Split on Ability to Redeem a Tax Deed Under a Plan

Another court rules on automatic removal of property from the estate under state law.

Courts Split on Ability to Redeem a Tax Deed Under a Plan

Another court rules on automatic removal of property from the estate under state law.

Fourth Circuit Ducks a Split on Pension Contributions in Chapter 13

Sixth Circuit remains the only appeals court to preclude all pension contributions after a chapter 13 filing.

Tuesday, December 19, 2017
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Claim of an Involuntary Petitioner Must Be Entirely Undisputed

BAPCPA amendments changed prior law on disputed claims and involuntary petitions, Nevada judge says.

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

‘Stay and pay’ may not be permissible, but the remedies can be toothless.

Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says

Motion for reconsideration must be made promptly, or due process violation will evaporate.

Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order

Split decision allows a lender to take property out of an estate automatically.

Chicago Strikes Out on Priority Status for Post-Petition Parking Fines

Clever drafting of chapter 13 plans prevents collection of post-petition parking fines.