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ABI Journal

Consumer Bankruptcy

Debtor Not Compelled to Arbitrate Automatic Stay or Discharge Violations

A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.

Without Levy, a Recorded Judgment Lien Is Unperfected in Some States

In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.

The Student Borrower Bankruptcy Relief Act of 2024 proposes to:

 

·      Repeal Section 523(a)(8) of the Bankruptcy Code, which currently prevents the discharge of federal and private student loans absent a showing of “undue hardship.”

·      Eliminate the need for borrowers to prove “undue hardship” thorough costly proceedings in court, reducing the legal and financial burdens on borrowers already at their most perilous financial state.

·      Maintain existing bankruptcy means-testing, ensuring that only those who are already eligible for bankruptcy can access this relief.

Saturday, July 12, 2025

Mortgage Updates

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Proof-of-Claim Considerations

Bankruptcy Code

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Subchapter V Issues

Bankruptcy Code

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Alexandria, Va. — The second part of ABI’s Fourth Annual Consumer Practice Extravaganza (CPEX), an online conference taking place Jan. 21-24, will feature experts discussing top consumer bankruptcy topics via a state-of-the-art virtual platform. The sessions will dive into such timely consumer bankruptcy topics as racial disparities among bankruptcy filers, subchapter V issues, a consumer case law update, successfully marketing a consumer bankruptcy practice and more.

Part I of CPEX took place Nov. 11-12 and featured sessions on combating the creative consecutive filer, third-party releases after Purdue Pharma, and the intersection of consumer bankruptcy and family law. For the registration price of $100, attendees will be able to watch next week’s live programming, access recorded Part I sessions and earn up to 24 hours of CLE credit.

CPEX Part 2 sessions include:

·      Hollywood Squares

·      Proof-of-Claim Considerations

·      Racial Disparities

·      Case Law Update

·      Consumer Rules Update

·      Successfully Marketing a Bankruptcy Practice

·      Subchapter V Issues

·      Resurgence of the “Till Rate” Discussion

·      FHA Supplement and Other Loss Mitigation

Networking is also a key ingredient of CPEX, and attendees will have numerous opportunities to connect. The virtual portal allows speakers and attendees to video- or text-chat spontaneously after sessions, and lets them plan dates and times to meet.

Members of the press looking to attend ABI’s Consumer Practice Extravaganza should contact ABI Public Affairs Officer John Hartgen at 703-894-5935 or jhartgen@abi.org.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 10,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.