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Dealing with Debtors/Creditors with Mental Health Issues

Bankruptcy Code
102
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523
707
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1104
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Practice and Procedure
Consumer Bankruptcy
Consumer Debt
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Joint Tax Refund Isn’t Estate Property in Florida if Only One Spouse Files Bankruptcy

When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.

11th Circuit
Florida
Florida Middle District

Optimizing Benefits from Domestic-Support Claims for Both the Debtor and Creditor

July 2021

Bankruptcy Code
11 U.S.C. § 362
1327
1329
Topic Tags
Automatic Stay
Claims
Plan Confirmation
Practice and Procedure
Consumer Bankruptcy
Family/Divorce Issues
Wednesday, April 28, 2021
Article Tags
Family/Divorce Issues
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
Wednesday, April 28, 2021
Article Tags
Consumer Debt
Family/Divorce Issues
Labor/Employment
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 May 2021

May 2021

Bankruptcy Code
11 U.S.C. § 363(m)
330
503
706
1104
Topic Tags
Administrative Expense Claims
Asset Sales
Bankruptcy Litigation
Ethics
Fraud
Plan Confirmation
Professional Compensation/Fees
Consumer Bankruptcy
Family/Divorce Issues

The Outer Limits of Discharge Explored by the Ninth Circuit BAP

Deducting a loan to a child from her inheritance wasn’t a violation of the discharge injunction.

9th Circuit

A Nonprimary Residence May Nonetheless Qualify for a Federal Exemption

A debtor may have a valid ‘homestead’ exemption without residing in the property, so long as a dependent does reside there, the Second Circuit rules.

2nd Circuit

Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy

Sometimes, being too aggressive backfires when the defendant files bankruptcy.

3rd Circuit
Pennsylvania
Pennsylvania Western District
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