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ABI Journal

Consumer Bankruptcy

Tuesday, November 22, 2022
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Chapter 7 Estate Takes Post-Petition Appreciation on Conversion from Chapter 13

Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.

Placing Title Jointly with a Spouse May Be Avoidable if the Spouse Gave No Consideration

In South Carolina, taking title to property jointly with a spouse can be an avoidable gift under the Statute of Elizabeth.

Friday, November 18, 2022
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Avoiding a Judgment Lien that Impairs an Exemption Is Theoretical, Ninth Circuit Says

When avoiding a judgment lien under Section 522(f), state law cannot dictate that the amount of the exemption is the amount in effect when the lien was created.

Employer-Paid Health Insurance Is Held to Be Income in Chapter 13

Should the cost of employer-provided health care insurance be considered income for lower-income Americans?

Monday, November 14, 2022
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Friday, November 11, 2022
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