Consumer Bankruptcy

Official Form 122C-2 could be read to deprive a chapter 13 debtor of the IRS standard housing deduction when the statute permits the deduction.

An inchoate interest in property created by filing a divorce action doesn’t survive dismissal of the divorce action, the Tenth Circuit BAP says.

Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.

Assessing In re Topp’s Impact on Interest Rates for Secured Creditors By Michael Miller The U.S. Court of Appeals for the Eighth Circuit decided Farm Credit Servs. of Am. FLCA v. Topp (In re Topp) on Aug. 3, 2023. 1 The central issue was this: Does the U.S. Supreme

In the Fourth Circuit, creditors are compensated when there is a ‘substantial improvement’ in a chapter 13 debtor’s financial condition.

Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.

Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.

President’s Column It has been a fast-paced time frame, and several events warrant mention: the annual meeting of the National Conference of Bankruptcy Judges (NCBJ), along with ABI’s Midwestern Bankruptcy Institute, International Insolvency & Restructuring Symposium

Legislative Highlights The “National Guard and Reservists Debt Relief Extension Act of 2023” Passes out of House Judiciary Committee H.R. 3315, the “National Guard and Reservists Debt Relief Extension Act of 2023,” passed out of the House Judiciary Committee on a 24-0