Judgment Liens Based on Nondischargeable Debts May Be Avoided as ‘Impairments’
A homestead can be protected from collection of a nondischargeable debt, limiting the judgment creditor to attaching nonexempt property.
A Disguised Loan Agreement Didn’t Create a ‘Fair Ground of Doubt’ Under Taggart
The Fifth Circuit undertook a legal analysis of a complex loan agreement to decide there was no ‘fair ground of doubt’ under Taggart that the lender was violating the discharge injunction.
Inside ABI February 2025
President’s Column ABI Conferences, Start Your Engines! Like the race car season, ABI takes a short hiatus from its conference schedule after the annual Winter Leadership Conference in December. It is much-earned down time for the ABI staff, who work tremendously hard
Legislative Highlights February 2025
Legislative Highlights 119th Congress Convenes: Listing of Key Committee Leadership The 119th Congress convened on Jan. 3 at noon, with both the Senate and House of Representatives under the control of Republicans following the 2024 election. Senate Republicans elected
Debtors Have a Narrow Window in ‘13’ to Redeem Foreclosed Property, BAP Says
Because a right of redemption does not give rise to a claim, Section 1322(b) doesn’t enable a debtor to redeem foreclosed property when the right of redemption has expired.
Debtor Not Compelled to Arbitrate Automatic Stay or Discharge Violations
A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.
Without Levy, a Recorded Judgment Lien Is Unperfected in Some States
In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.