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Consumer Bankruptcy

Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds

Res judicata does not apply to ‘deemed allowed’ claims.

4th Circuit

Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt

FTC allowed to continue contempt proceedings for failure to pay restitution.

2nd Circuit
New York
New York Southern District

ABI Announces Commission on Consumer Bankruptcy

April 2017

Topic Tags
Consumer Bankruptcy
Consumer Debt

Legislative Highlights April 2017

April 2017

Topic Tags
Legislation
Consumer Bankruptcy

Judge Gorsuch on Bankruptcy

April 2017

Topic Tags
Court Administration
Legislation
Consumer Bankruptcy
Business Reorganization

Ninth Circuit Holds that Bullard Overruled Bonner Mall Allowing Non-Final Appeals

Controlling legal issues no longer make an order appealable as of right in the Ninth Circuit.

9th Circuit

Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine

After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.

5th Circuit
Texas
Texas Southern District

Examining § 362(a)(3): When “Stay” Means Stay

May 2017

Bankruptcy Code
11 U.S.C. § 362
Topic Tags
Automatic Stay
Consumer Bankruptcy
Consumer Debt

Home Buyer, Beware: HOA Fees and Assessments Are Generally Not Dischargeable in Your Future Bankruptcy Case

May 2017

Bankruptcy Code
523
1328
Topic Tags
Consumer Bankruptcy
Discharge/Dischargeability

Incessant Assessments: Post-Petition HOA Dues for Surrendered Real Property Should Be Discharged in Chapter 13

May 2017

Bankruptcy Code
523
1328
Topic Tags
Consumer Bankruptcy
Discharge/Dischargeability
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