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ABI Journal

Consumer Bankruptcy

Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment

Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.

EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13

Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.

Bankruptcy Management Solutions Defeats Antitrust Attack on Fee Structure

Creditor lacked standing to allege horizontal antitrust conspiracy on software providers’ fee structure.

Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds

Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.