Consumer Bankruptcy

Bartenwerfer held to make a debt nondischargeable as to someone who was neither a partner nor an agent.

A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.

President’s Column As you can see by the cover of this month’s Journal, ABI has announced its eighth “40 Under 40” class. They were honored at the Winter Leadership Conference last month in Arizona with high production and a lot of standing ovations! Their impressive

Legislation Reintroduced Taking Aim at Nonconsensual, Nondebtor Releases in Bankruptcy Sens. Elizabeth Warren (D-Mass.), Dick Durbin (D-Ill.) and Richard Blumenthal (D-Conn.) on Dec. 5 reintroduced S. 5415, the “Nondebtor Release Prohibition Act,” to explicitly prohibit

‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.

Student Loan Discharge: Where Are We Headed? By Stacy Lutkus The discharge and forgiveness of student loan debt has long 1 been a contentious topic, both inside and outside of bankruptcy circles. With escalating student loan debt levels 2 a focus of national attention

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Insurance Policy Buybacks and Settlements Approved in Rockville Centre Diocese Case In mass tort cases like many of the diocese sexual abuse bankruptcies, insurance can present a valuable source

The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.

There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.

District court equates distribution to creditors in chapter 13 to substantial consummation of a chapter 11 plan.