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Consumer Bankruptcy

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.

8th Circuit

Inside ABI June 2023

June 2023

Topic Tags
Consumer Bankruptcy
Business Reorganization

Legislative Highlights June 2023

June 2023

Topic Tags
Legislation
Consumer Bankruptcy
Business Reorganization

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.

Supreme Court

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.

9th Circuit
Washington
Washington Western District

After Bartenwerfer, What Is an “Honest Debtor”?

July 2023

Bankruptcy Code
523
Topic Tags
Consumer Bankruptcy
Consumer Debt

Benchnotes July 2023

July 2023

Bankruptcy Code
1182
11 U.S.C. § 363(m)
586
1326
Topic Tags
Asset Sales
Claims
Consumer Bankruptcy
Discharge/Dischargeability
Real Estate
Retail
Monday, May 22, 2023
Article Tags
Consumer Bankruptcy
Business Reorganization
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Consumer Bankruptcy and Capitalist Exploitation

Aug 2023

Bankruptcy Code
523(a)(8)
Topic Tags
Consumer Bankruptcy
Consumer Debt

Bifurcated Fee Arrangements Now Seem Impossible in South Carolina

Affirming the bankruptcy court, the district court found that bifurcated fees are excessive and that inadequate disclosures violated Sections 526 and 528.

4th Circuit
South Carolina
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