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ABI Journal

Consumer Bankruptcy

Thursday, January 25, 2024
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Courts Are Split on Including a Nonfiling Spouse’s Social Security Benefits

Judge Beth Buchanan decided that the ‘totality of the circumstances’ test for ‘abuse’ doesn’t permit disregarding the exemption for Social Security benefits.

Monday, January 22, 2024
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An Unmarried ‘Partner’ Might Not Have a Homestead Exemption, Ninth Circuit Says

A California exemption law protecting victims of spousal abuse doesn’t apply to those who aren’t married.

Friday, January 19, 2024
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Alabama Judge Gives a Mixed Message on Who Gets Postpetition P.I. Settlements

District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.

Debt Purchaser Socked $65,000 for a Discharge Violation

Taggart doesn’t give more protection to a purchaser of debt than it does to the original creditor, Judge Scott Grossman says.