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Consumer Bankruptcy

Interest in a Debtor’s Right to Tax Overpayments for Pre-Petition Years

May 2017

Bankruptcy Code
542
541
548
549
550
Topic Tags
Claims
Practice and Procedure
Consumer Bankruptcy
Bankruptcy Taxation

Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties

Lower courts are tending to disagree with two circuits on Section 1322(b)(2).

2nd Circuit
New York
New York Eastern District

National Study of Individual Chapter 11 Bankruptcies

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Vets and Debts

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Sixth Circuit Widens Split on Mooting Appeals from Sale Orders

Equity is required to claim a homestead exemption, Sixth Circuit holds.

6th Circuit

Benchnotes May 2017

May 2017

Bankruptcy Code
11 U.S.C. § 365
11 U.S.C. § 548
502
550
Topic Tags
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Executory Contracts/Leases
Fraudulent Transfers
Plan Confirmation
Preferences
Consumer Bankruptcy
Discharge/Dischargeability
Mortgage
Business Reorganization
Real Estate
Retail
Unsecured Trade Creditors

Chapter 13 Debtors May Prorate Tax Refunds in Calculating Plan Payments

Chapter 13 trustees aren’t always entitled to a turnover of tax refunds.

7th Circuit
Illinois
Illinois Northern District

A Catch 22: The Dilemma of Direct Payments to Creditors and Its Potential Impact on Discharge

June 2017

Bankruptcy Code
1328
Topic Tags
Consumer Bankruptcy
Wednesday, March 15, 2017
Article Tags
Claims
Corporate Governance
Court Administration
Creditors' Committee
Consumer Bankruptcy
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Wages Garnished Before Bankruptcy Are Voidable Preferences, Circuit Rules

Test case on preferences deepens a circuit split and lays the groundwork for certiorari.

5th Circuit
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