Consumer Bankruptcy

The Marital Adjustment: What Is It, and Should It Be Fixed? By Julie Philippi Prior to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), a chapter 7 case could be dismissed if the filing was deemed to be a substantial abuse of the process. 1

While neither Social Security benefits nor post-petition income are estate property in Subchapter V, they must be included in an individual’s monthly operating reports, Bankruptcy Judge Jacobvitz says.

In transferring venue of a related case under Rule 1014(b), the bankruptcy court can move sua sponte and need not await a venue motion by a creditor or party in interest.

A homestead can be protected from collection of a nondischargeable debt, limiting the judgment creditor to attaching nonexempt property.

The Fifth Circuit undertook a legal analysis of a complex loan agreement to decide there was no ‘fair ground of doubt’ under Taggart that the lender was violating the discharge injunction.

President’s Column ABI Conferences, Start Your Engines! Like the race car season, ABI takes a short hiatus from its conference schedule after the annual Winter Leadership Conference in December. It is much-earned down time for the ABI staff, who work tremendously hard

Legislative Highlights 119th Congress Convenes: Listing of Key Committee Leadership The 119th Congress convened on Jan. 3 at noon, with both the Senate and House of Representatives under the control of Republicans following the 2024 election. Senate Republicans elected

Because a right of redemption does not give rise to a claim, Section 1322(b) doesn’t enable a debtor to redeem foreclosed property when the right of redemption has expired.

A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.

In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.