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Post date: Friday, November 16, 2018

Student loan debt is (mostly) presumed nondischargeable under § 523(a)(8).[1] Hardship discharge of such debt has become a vanishingly probable outcome.

Post date: Friday, November 16, 2018

Beth Stephens and Richard Cole, co-chairs of the ABI Consumer Committee this year, thank all committee members for their support and participation in 2018. The Consumer Committee has a diverse membership.

Post date: Friday, November 16, 2018

The Bankruptcy Code contemplates the filing of a joint petition to commence a bankruptcy case for a married couple under § 302(a).

Post date: Tuesday, August 07, 2018

Bankruptcy Code § 707(a) provides that a chapter 7 case may be dismissed “for cause,” including for (1) unreasonable delay, (2) nonpayment of fees or (3) failure to timely file certain information. However, “cause” is not defined, and the statutory examples are illustrative, not exhaustive. Currently, there is a circuit split as to whether bad faith can be “cause.”

Post date: Monday, August 06, 2018

The City of Chicago is finding itself entangled in a set of legal issues surrounding the Bankruptcy Code and the enforcement of parking tickets through civil fines, impoundment and license suspension. The interplay of Chicago parking ticket debt and consumer bankruptcy is making for a fascinating legal showdown.

Post date: Wednesday, May 23, 2018

As attorneys are aware, the debtor almost always wants to keep a vehicle when filing a chapter 13 case. Then, post-confirmation, the debtor’s income changes, the vehicle has engine problems or the debtor hits a deer, and the debtor wants to give the vehicle back to the creditor and get a different one.

Post date: Tuesday, May 22, 2018

While a split among the circuits continues to persist with respect to whether the Bankruptcy Code permits a “ride-through” option in the context of a chapter 7 debtor’s statement of intention, the U.S.

Post date: Tuesday, May 22, 2018

[1]Lamar, Archer & Cofrin, LLP v. Appling[2] is the last of three bankruptcy cases to be heard and decided on the U.S.

Post date: Saturday, February 03, 2018

In Slater v. U.S. Steel Corp,[1] the Eleventh Circuit recently revisited its past rulings on judicial estoppel and revamped the standard to be applied when a debtor is pursuing a lawsuit that was not disclosed in bankruptcy.

Post date: Wednesday, November 08, 2017

[1]An important component of chapter 7 bankruptcy is the discharge of debts.[2] Congress excepted from this “fresh start” certain types of debts, including those involving fraud and deceit.[3] In Privitera v.

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