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ABI Journal

Consumer Bankruptcy

Benefit to Consumer Required for Involuntary Conversion from Chapter 7 to 11

Judge lays down a tough rule, then goes easy on consumer debtors.

5th Circuit
Texas
Texas Western District

California Judge Fixes Discharge Deadline for Late-Filing Tax Penalty

Bankruptcy mavens, take note: Late-filing fines for tax returns kick in Oct. 15.

9th Circuit
California
California Northern District

Arbitration Clause Nixes Class Suit for an Automatic Stay Violation

Enforcing arbitration clause turns on core vs. non-core distinction.

9th Circuit
Oregon

Judge Closes Loophole to Prevent Discharging Pre-Conversion Condo Charges

Debtors once again stuck paying post-filing condo charges on abandoned home.

4th Circuit
North Carolina
North Carolina Eastern District

Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13

9th Circuit BAP opinion broadly puts welfare payments beyond reach of chapter 13 creditors.

9th Circuit

Third Circuit Pens a Treatise on Burden of Production

Third Circuit decision written by no Third Circuit judges

3rd Circuit

Courts Spilt on Offsetting Government’s Non-Tax Claim Against a Tax Refund

Automatic stay bars collecting a debt by offsetting a tax refund.

4th Circuit
Virginia
Virginia Western District

Fifth Circuit Reads Section 707(a) Dismissal for ‘Cause’ Broadly

Judge Edith Jones elevates ‘chutzpah’ to a legal concept in the Fifth Circuit.

5th Circuit

Involuntary Dismissed to Prevent Using Court Like a ‘Rented Battlefield’

Manhattan judge won’t allow using the court like a collection agency in two-party dispute.

2nd Circuit
New York
New York Southern District

Lenders Win Again, Beating Back Forced Vesting of Title through Chapter 13

Massachusetts judges disagree on ‘forced vesting’ in chapter 13 plan.

1st Circuit
Massachusetts
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