Judicial Immunity Can Protect a Trustee when Barton Doesn’t Apply, Circuit Says
When a trustee mistakenly seizes a nondebtor’s property, the Barton doctrine by itself doesn’t protect the trustee, but judicial immunity does.
Fully Secured, Nonrecourse Creditors Can Be Involuntary Petitioners, BAP Says
An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.
Releasing a Lien Under Section 1325(a)(5)(B) Is Different When There Are Co-Debtors
Despite Section 1325(a)(5)(B), an auto lender was entitled to retain a lien when there were co-debtors.
Inside ABI November 2024
President’s Column It is amazing how fast this year is flying by! I am well into the second half of my term as ABI President. Not that the Annual Spring Meeting next April is the end; I still have the pleasure of serving as Immediate Past President, then Chairman of the
Legislative Highlights November 2024
Legislative Highlights House Democrats Reintroduce “Student Borrower Bankruptcy Relief Act of 2024” As the Department of Education’s student loan repayment “on ramp” expired on Sept. 30, House Judiciary Committee Ranking Member Jerrold Nadler (D-N.Y.) and Subcommittee
A Chapter 13 Plan Amended Today Cannot Have an 84-Month Duration
The expiration of Section 1329(d) in March 2022 means that 84-month chapter 13 plans amended now must revert to 60-month plans.