Consumer Bankruptcy

10th Circuit New Mexico Dec 2, 2024

Having Committed Fraud Doesn’t Prevent a Debtor from Vacating a Judicial Lien

If a creditor’s judicial lien is avoided, how can the creditor collect the underlying debt if it’s excepted from discharge?
3rd Circuit New Jersey Nov 24, 2024

Giving the Debtor a Grace Period to Cure Isn’t Extending a Plan Beyond Five Years

In the Third Circuit, it’s possible to cure a payment default under a chapter 13 play beyond five years, district judge says in affirming the bankruptcy court.
9th Circuit Nov 25, 2024

For Nondischargeability, a Bankruptcy Court Can Find a Securities Law Violation

A decision from a state or federal court before bankruptcy finding a securities law violation isn’t required for nondischargeability under Section 523(a)(19).

Inside ABI December 2024

President’s Column The Winter Leadership Conference (WLC) is here! I look forward to seeing everyone this month at the beautiful Phoenician Scottsdale resort in Scottsdale, Ariz. As a lifelong East Coaster (born in Philadelphia, raised in South Jersey, and currently

Legislative Highlights December 2024

Legislative Highlights 119th Congress to Commence on January 3, 2025 The 119th Congress will commence on Jan. 3 at noon with both the Senate and House of Representatives under control of Republicans following the 2024 election. 1 On Nov. 13, Senate Republicans elected 2

Recapping the 118th Congress

Recapping the 118th Congress When the 118th Congress convened on Jan. 3, 2023, lawmakers were intent on examining the collapse of FTX bankruptcy and the cryptocurrency industry, many COVID-19 stimulus programs had sunset, and the political landscape saw Democrats

9th Circuit Nov 22, 2024

Creating a Circuit Split, Ninth Circuit Allows Retirement Contributions in Chapter 13

The Ninth Circuit split with the Sixth Circuit in the interpretation of the ‘hanging paragraph’ in Section 541(b)(7). Courts are divided four ways on whether or how much a ‘13’ debtor may contribute to voluntary retirement plans after filing.