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ABI Journal

Consumer Bankruptcy

Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes

Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.

Monday, November 28, 2016
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Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors

Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.

Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds

Mishandling collateral is nondischargeable even if the security interest is unperfected.

Student Loans to Advance a Career Are Classified as Non-Consumer

Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.

New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage

District judge makes an ‘Erie’ guess on an undecided issue of New York law.

Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality

Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.

Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses

California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.

Wednesday, November 16, 2016
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Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says

Sarbanes-Oxley nails securities fraudsters who file bankruptcy.