Consumer Bankruptcy

Fourth and Third Circuits Give Priority to Obamacare’s Individual Mandate Penalty

The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.

Court :

4th Circuit

To amend title 11 of the United States Code to stop abusive student loan collection practices in bankruptcy cases.

Wednesday, January 11, 2023

Article Tags

Consumer Bankruptcy

Consumer Debt

Discharge/Dischargeability

Finance and Banking

Bill text forthcoming.

To amend title 11 of the United States Code to modify the dischargeability of debts for certain educational payments and loans.

Monday, January 9, 2023

Article Tags

Consumer Bankruptcy

Consumer Debt

Discharge/Dischargeability

Finance and Banking

Full bill text.

Date of a Garnishment Order Doesn’t Matter for Preferences, Seventh Circuit Says

Circuit Judge Frank Easterbrook tersely held that the Supreme Court’s Barnhill opinion overruled prior Seventh Circuit precedent.

Court :

7th Circuit

Tenth Circuit Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation

The first court of appeals to rule on a question where lower courts are split, the Tenth Circuit finds the statute unambiguous and requires a chapter 13 trustee to disgorge his or her fee if the case is dismissed before confirmation.

Court :

10th Circuit

Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

Court :

11th Circuit

Supreme Court to Hear Two More Bankruptcy Cases This Term

The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.

Court :

Supreme Court

Tuesday, January 17, 2023

Article Tags

Consumer Bankruptcy

Consumer Debt

Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Have We Led Chapter 13 Debtors Down the Garden Path with Promises of Pandemic Relief?

Bankruptcy Code

Topic Tags

Second Circuit Limits the Significance of Homaidan on Discharge of Private Student Loans

The Fair Credit Reporting Act doesn’t require credit reporting agencies to resolve disputed facts or law about the discharge of private student loans.

Court :

2nd Circuit

Subscribe to %1