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Displaying Journal Articles with Topic Consumer Bankruptcy

April 19, 2018

The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.

April 18, 2018

The high court seemed primed to rule that a debt will be discharged despite an oral misrepresentation about one asset.
Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.

April 17, 2018

Bullard did not undermine the automatic appealability of orders granting or denying homestead exemptions.

April 10, 2018

Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.

April 9, 2018

Law v. Siegel allows exempting an asset that had not been scheduled.

April 6, 2018

The battle continues in Chicago over using chapter 13 to beat parking tickets.

April 5, 2018

Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.

April 4, 2018

Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.