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Displaying Journal Articles with Column Consumer Point/Counterpoint

Claims Consumer Bankruptcy
Late-Allowed Vehicle Claims and the Importance of Finality

Late-Allowed Vehicle Claims and the Importance of Finality By Linda B. Gore Editor’s Note: Unlike past articles in this column, the authors mostly agree on the viewpoint, but this article outlines the basis for those trustees/courts that ta…

LG Linda B. Gore
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Jun
2024
Automatic Stay Claims Plan Confirmation Practice and Procedure Consumer Bankruptcy Consumer Debt
Late-Allowed Vehicle Claims: Striving for a More Just Result

Late-Allowed Vehicle Claims and the Importance of Finality By Linda B. Gore Editor’s Note: Unlike past articles in this column, the authors mostly agree on the viewpoint, but this article outlines the basis for those trustees/courts that ta…

GM Garry A. Masterson
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Jun
2024
Consumer Bankruptcy
The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation

The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation By Charissa Potts Imagine this hypothetical: An honest debtor in a confirmed chapter 13 plan becomes unable to afford her mortgage payment due to circumstances beyond her con…

CP Charissa Potts
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Dec
2023
Consumer Bankruptcy
Tug-of-War over Post-Confirmation Appreciation in Chapter 13

Tug-of-War over Post-Confirmation Appreciation in Chapter 13 By Krispen Carroll Everybody likes a windfall, the happenstance of financial luck that seems to come out of the blue. American homeowners were justified to feel like they were the…

KC Krispen S. Carroll
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Dec
2023
Practice and Procedure Consumer Bankruptcy
Here Yesterday, Gone Today: No Authority to Confirm a Modified Chapter 13 Plan Longer than 60 Months After the Expiration of § 1329(d)

Here Yesterday, Gone Today: No Authority to Confirm a Modified Chapter 13 Plan Longer than 60 Months After the Expiration of § 1329(d) By Hon. Elizabeth L. Gunn and Don F. Mago The appearance and disappearance just over two years later of §…

DM Don F. Mago EG Elizabeth L. Gunn
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Mar
2023
Plan Confirmation Consumer Bankruptcy Covid19
Have We Led Chapter 13 Debtors Down the Garden Path with Promises of Pandemic Relief?

Have We Led Chapter 13 Debtors Down the Garden Path with Promises of Pandemic Relief? 1 By David Cox COVID-19 entered the chapter 13 consumer debtor community like a “wrecking ball.” 2 Soon after COVID-19 began spreading across the U.S., th…

DC H. David Cox
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Mar
2023
Plan Confirmation Consumer Bankruptcy
Social Security and Good Faith Under 11 U.S.C. § 1325(a)(3)
BM Byron Meredith SP Sabari Pillai
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Mar
2022
Consumer Bankruptcy
A Chapter 13 Debtor’s Failure to Commit Social Security Income to a Plan Is Not Bad Faith
CP Charissa Potts
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Mar
2022
Consumer Bankruptcy
The Means Test Should Not Be Abolished in Chapter 7 Cases
JL Jake Landreth MB Maria Bandwen MT Mark P. Telloyan
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Nov
2021
Consumer Bankruptcy Consumer Debt
The Case for Abolishing the Means Test in Chapter 7 Cases
AS Alexandra Everhart Sickler
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Nov
2021

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