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ABI Journal

Consumer Bankruptcy

Seventh Circuit Narrowly Interprets Co-Debtor Stay in Section 1301(a)

Co-debtor stay prevented from becoming an automatic stay for a non-filing spouse.

7th Circuit

Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot

Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.

7th Circuit

Disclaimer Saves Debt Collector from Violating the FDCPA in the Fourth Circuit

An admitted attempt to collect a debt rendered informational only by a disclaimer.

4th Circuit

Is Dewsnup Unravelling Due to Lien-Stripping Cases under § 1322(b)(2)?

Feb 2017

Bankruptcy Code
11 U.S.C. § 506
1322
Topic Tags
Valuation
Consumer Bankruptcy

Ensuring Enforcement of the Eleventh-Hour Mediation Deal

Feb 2017

Topic Tags
Alternative Dispute Resolution
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Executory Contracts/Leases
Fraud
Fraudulent Transfers
Practice and Procedure
Preferences
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Family/Divorce Issues
Mortgage
Airlines
Agriculture/PACA
Bankruptcy Taxation
Business Reorganization
Chapter 12/Farm Cases
Commercial Fraud
Detroit
Finance and Banking
Govt. Claims/Sovereign Immunity
Health Care
Hospitality, Entertainment Venues and Gaming
Insurance
International Insolvency
Investment Banking
Labor/Employment
Lender Liability
Mass Torts
Municipal Bankruptcy
Public Companies and Claims Trading
Puerto Rico
Real Estate
Retail
SEC Issues
Small Business
Telecom/Tech
Turnaround Issues
Uniform Commercial Code/Article 9
Unsecured Trade Creditors

Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.

10th Circuit
Utah

The Federal Student Loan Bubble: Looking Beyond Bankruptcy to Stay Afloat

Feb 2017

Bankruptcy Code
523
Topic Tags
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

Child Support Cases Avoid Thorny Choice of Law Questions

Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.

10th Circuit
Oklahoma
Oklahoma Western District

Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation

First Circuit requires attempt to collect to prove a discharge injunction violation.

1st Circuit

Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings

There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.

7th Circuit
Illinois
Illinois Northern District
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