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ABI Journal

Consumer Bankruptcy

Chapter 13 Stretches Out the Time for Redeeming Pawned Property

Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.

Baker Botts Read Narrowly on Compensation for Defending Fee Application

Florida judge allows fees for supplementing application with more detail.

Creditor with Scheduled Claim Still Must File a Proof of Claim in Chapter 13

Ninth Circuit finds no loopholes in chapter 13’s claim-filing requirement.

Pending Circuit Court Appeals to Mold Consumer and ‘Reorg’ Bankruptcy Law

En banc rehearings headline upcoming circuit court decisions.

Discharge Denied for Omitting Name of a Retirement Account

Scheduling the amount of an asset isn’t enough. The name must be shown, too.

Supreme Court May Grant ‘Cert’ in Several More Bankruptcy Cases

Consumer and reorganization circuit splits are seeking Supreme Court review.

Wednesday, October 26, 2016
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Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses

Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.

Sovereign Immunity Insulates Government from Emotional Distress Claims

Section 106’s sovereign immunity waiver is not clear enough for emotional distress claims.

Law Professors Disagree on How the Supreme Court Should Decide Jevic on Structured Dismissals

Is there flexibility to depart from bankruptcy priorities? Professors disagree.