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ABI Journal

Consumer Bankruptcy

Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien

Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.

Ownership or Lease Not Required to Claim Auto Expense Deduction

Ninth Circuit B.A.P. goes easy on a debtor who can’t afford to own a car on her own.

Circuit Split Deepens on Stale Claims as Violations of the FDCPA

Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.

Friday, August 26, 2016
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Friday, August 26, 2016
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Ninth Circuit Holds that 510(b) Subordination Applies to Individual Debtors

Ninth Circuit follows the Second Circuit and rejects the Ninth Circuit B.A.P.

Thursday, August 25, 2016
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Husky Breeds a New Species of Loss of Discharge Not Benefitting All Creditors

Debt not resulting from ‘actual fraud’ is nondischargeable if fraud is grounds for veil piercing, Tenth Circuit B.A.P. holds.

Finality Governed by Resolution of All Issues in an Adversary Proceeding

Unusual facts permit no exception to rigid rules on appellate jurisdiction.

Courts Divided on Contempt Sanctions as Automatically Nondischargeable

Showing intentional violation of court order isn’t enough for nondischargeability.