Consumer Bankruptcy

The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.

Circuit Judge Frank Easterbrook tersely held that the Supreme Court’s Barnhill opinion overruled prior Seventh Circuit precedent.

The first court of appeals to rule on a question where lower courts are split, the Tenth Circuit finds the statute unambiguous and requires a chapter 13 trustee to disgorge his or her fee if the case is dismissed before confirmation.

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.

Have We Led Chapter 13 Debtors Down the Garden Path with Promises of Pandemic Relief? 1 By David Cox COVID-19 entered the chapter 13 consumer debtor community like a “wrecking ball.” 2 Soon after COVID-19 began spreading across the U.S., the unemployment rate jumped

The Fair Credit Reporting Act doesn’t require credit reporting agencies to resolve disputed facts or law about the discharge of private student loans.

Here Yesterday, Gone Today: No Authority to Confirm a Modified Chapter 13 Plan Longer than 60 Months After the Expiration of § 1329(d) By Hon. Elizabeth L. Gunn and Don F. Mago The appearance and disappearance just over two years later of § 1329(d) of the Bankruptcy

Event Roundup International Committee Hosts Cross-Border Program in New York Nearly 100 attended ABI’s Cross-Border Insolvency Program on Nov. 14, held at Blank Rome LLP’s Conference Center in Manhattan. ABI’s International Committee presented this year’s conference