Consumer Bankruptcy

Assets Purchased with Exempt Social Security Benefits Are Not Themselves Exempt

Two judges in Georgia say that personal property is not exempt even if the purchase was traceable to Social Security benefits.

Second Circuit Nixes Nationwide Class Actions for Discharge Violations

The Second Circuit split with the First Circuit, which had permitted nationwide class actions because the discharge injunction is statutory.

Faculty Biographies (2023 Mid-Atlantic Bankruptcy Workshop)

Circuits Are Now Split on Who Gets Appreciation in a Home When a ‘13’ Converts to ‘7’

Splitting with the Tenth Circuit, the Ninth Circuit holds that chapter 13 debtors lose post-petition appreciation in a home if the case converts to chapter 7.

Inside ABI August 2023

Aug 2023

Recoveries on Postpetition Tort Recoveries Do (Do Not) Belong to Creditors in ‘13’

Rather than invoking the best interests and disposable income tests for plan confirmation, the Eleventh Circuit may have departed from the statute by ruling that the ‘ability to pay’ gives postpetition tort claims to creditors in chapter 13.