Consumer Bankruptcy

Inside ABI February 2023

What’s Happening at ABI Duberstein Problem Released and Call for Judges Fifty-three teams of law students from around the nation will compete in the 31st Annual Duberstein Bankruptcy Moot Court Competition, taking place in New York March 4-6. This year’s problem, which

Legislative Highlights February 2023

Legislative Highlights Biden Administration Unveils Plans to Ease Rules for Income-Based Student Loan Forgiveness The Biden administration on Jan. 10 released 1 a detailed plan that aims to make it easier for student loan holders to wipe out their debts using income

Coming Back Around: Legislative Issues Likely to Resurface in the 118th Congress

Coming Back Around: Legislative Issues Likely to Resurface in the 118th Congress While new legislation and fresh issues await both chambers of the 118th Congress, which convened on Jan. 3, insolvency practitioners should anticipate a number of priority bankruptcy issues

D.C. Circuit Jan 11, 2023

Malicious Prosecution Can Mean a Nondischargeable Debt in Chapter 13

Bankruptcy Judge Gunn from D.C. sides with the majority to hold that “personal injury” does not require physical injury but may include reputational harm.

Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13

Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.