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Discharge/Dischargeability

Aggressive Bankruptcy Planning Didn’t Result in the Loss of Discharge

Sixth Circuit held that preferring one creditor with a nondischargeable claim before bankruptcy isn’t intent to hinder, delay or defraud.

6th Circuit

Even if Ineligible for Chapter 13, Ninth Circuit Says the Debtor Can Still Dismiss

In a split decision, the Ninth Circuit majority held that a chapter 13 debtor has the right to dismiss under Section 1307(b) before the bankruptcy court decides whether the filing was in good faith.

9th Circuit
Tuesday, October 1, 2024
Article Tags
Legislation
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Finance and Banking
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

Benchnotes November 2024

Nov 2024

Bankruptcy Code
502
727
1129
541
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Ethics
Fraud
Plan Confirmation
Venue/Jurisdiction
Consumer Bankruptcy
Discharge/Dischargeability

Bankruptcy Fraud: Still a Threat to the Bankruptcy Process

Jan 2025

Bankruptcy Code
152
158
707
727
Topic Tags
Creditors' Committee
Financial Advisors
Fraud
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Commercial Fraud
Covid19
Small Business

Disclosures: Helping a Client (and Yourself) Stay Out of Hot Water

Nov 2024

Bankruptcy Code
329
341
523
727
Topic Tags
Practice and Procedure
Consumer Bankruptcy
Discharge/Dischargeability
Thursday, August 29, 2024
Article Tags
Court Administration
Consumer Debt
Discharge/Dischargeability
Finance and Banking
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

Chapter 13 Debtors Keep Property that Was Unintentionally Undisclosed

Revesting allowed chapter 13 debtors to retain property that was innocently undisclosed.

1st Circuit
Massachusetts

New York Court Holds that ‘Future’ Asbestos Claims Can Be Discharged Without a Trust

Professors disagree on whether latent asbestos claims can be discharged without a trust for future claimants.

2nd Circuit
New York
New York Southern District

Judge Barnes Explained Why Bankruptcy Stays Don’t Require Personal Jurisdiction

Chicago’s Bankruptcy Judge Timothy Barnes explained eight years ago why bankruptcy stays do not require personal jurisdiction, unlike injunctions in receiverships.

7th Circuit
Illinois
Illinois Northern District
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