Consumer Bankruptcy

9th Circuit Jul 26, 2024

Ninth Circuit Employs Equity to Avoid Following the Supreme Court’s Taylor and Schwab

Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.
3rd Circuit New Jersey Jun 18, 2024

Tyler Applied Retroactively to Set Aside a Judgment of Tax Foreclosure

Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.

Inside ABI August 2024

President’s Column Subchapter V All members should know that ABI’s Subchapter V Task Force unveiled its final report of recommendations at the Annual Spring Meeting in April. The Final Report revealed that subchapter V of chapter 11 of the Bankruptcy Code is achieving

Legislative Hightlights August 2024

Legislative Highlights Number of Borrowers Utilizing New Student Loan Discharge Process Continues to Increase The Justice Department, in close coordination with the Department of Education, announced 1 on July 17 that the vast majority of student loan borrowers seeking

10th Circuit Jul 11, 2024

BAP Holds that Nondischargeability for Actual Fraud Requires Justifiable Reliance

The Tenth Circuit BAP inferred a requirement of justifiable reliance on nondischargeability for actual fraud.

Benchnotes September 2024

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Supreme Court Finds No Authority for Nondebtor Third-Party, Nonconsensual Releases In Harrington v. Purdue Pharma LP , 1 the U.S. Supreme Court reversed the Second Circuit’s order approving the