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ABI Journal

Consumer Bankruptcy

Thursday, March 3, 2016
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Student Loans Incurred for a New Profession Are Consumer Debts

Non-consumer debts must be related to an existing business or current job.

Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure

Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.

Surrendering Property Precludes a Debtor from Opposing Foreclosure

Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.

Supreme Court Argument Pits Notions of Equity Against Statutory Construction

Ghost of Justice Scalia haunts the high court in a statutory construction case.

Tuesday, March 1, 2016
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Estate Planning Does Not Blow Away a Generous State Homestead Exemption

Appellate panel rides to the rescue and saves a couple about to lose their home.

Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate

You can’t stiff your creditors and profit from an inadvertent stay violation claim.

11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy

Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.

First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition

Minor dispute as to amount bars using a claim for filing an involuntary petition.