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Displaying Journal Articles with Topic Consumer Bankruptcy

June 18, 2018

Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.

June 15, 2018

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.

June 14, 2018

Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.

June 12, 2018

Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.

June 11, 2018

Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.

June 7, 2018

Sympathy for a client won’t make up for counsel’s mistake.

June 4, 2018

Courts split on the dischargeability of debts incurred in the course of divorce or separation.
Section 502(b)(4) shields debtors from overreaching lawyers in a new context.
High court resolves a circuit split on Section 523(a)(2)(B) and the meaning of “financial condition.”

June 1, 2018

Lower courts split three ways on 401(k) contributions and the calculation of disposable income in chapter 13.