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ABI Journal

Consumer Bankruptcy

Ninth Circuit Creates Split on Appellate Standard for ‘Consumer Debt’ Determination

Dissenter contends that the majority misread the circuit’s own precedent.

Tuesday, October 17, 2017
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A Future Advance Clause Saved a Loan from Being Unperfected

Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.

Disposable Income Does Not Include Voluntary Retirement Plan Contributions

A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.

Unclaimed Distributions Go to the Treasury, Not to Other Creditors, Judge Says

Tennessee judge changes a practice established in 1995 regarding unclaimed distributions.

Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account

Fourth Circuit splits with the Ninth and Tenth on ‘what is a transfer?’

Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors

Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.

Thursday, October 5, 2017
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Thursday, October 5, 2017
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member