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ABI Journal

Consumer Bankruptcy

Thursday, June 1, 2023
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Courts Split on Plan Amendments Requiring Substantial, Unanticipated Changes

Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.

Supreme Court Holds that Real Estate Tax Foreclosures Can Violate the Takings Clause

The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.

Do Debtors Get to Keep Post-Confirmation Windfalls in Chapter 13?

Chapter 13 scholar Keith Lundin believes that debtors retain inheritances acquired more than 180 days after filing.