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ABI Journal

Consumer Bankruptcy

Congress Did Not Abrogate Absolute Priority for Individuals, Five Circuits Now Hold

Sloppy drafting in BAPCPA puts individuals at the mercy of dominant creditors in chapter 11.

Massachusetts Homestead Exemption Focuses on Use, Not Intention

First Circuit BAP goes easy on a consumer debtor’s homestead.

A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable

Perhaps a civil contempt order should sometimes be final in bankruptcy.

Eighth Circuit Requires Debtors to Disclose Suits Arising after Filing

Disclosing a lawsuit after chapter 13 discharge is too late to avoid judicial estoppel.

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Support Obligations for Grandchildren Are Ordinarily Dischargeable

Deficient drafting results in dismissal of dischargeability complaint.