Collecting a Student Loan Can (Sometimes) Violate the Discharge Injunction, BAP Says
The Ninth Circuit BAP holds that nondischargeability of student loans in Section 523(a)(8) isn’t ‘self-executing.’
Inside ABI May 2024
President’s Column After spending the past year shadowing our outgoing ABI President, Soneet R. Kapila of KapilaMukamal, LLP (Fort Lauderdale, Fla.), I look forward to following in his footsteps as ABI President. His work with the Subchapter V Task Force has been
Fourth Circuit Says Entireties Property Is Not Exempt from Tax Debt
The lack of perfection of a federal tax lien did not mean that the entireties interest was exempt under Section 522(b)(3).
An ATV Is an Exempt ‘Motor Vehicle’ in Ohio, Judge Whipple Says
Judge Mary Ann Whipple declined to engraft a ‘use’ restriction onto the broad meaning of ‘motor vehicle’ in Ohio.
Judges Plead with Congress to Fix the Mess Created by Lamie
Sitting en banc, three judges in St. Louis effectively barred bifurcated fee arrangements in the Eastern District of Missouri.
Section 1325(b)(1) Held Applicable to Post-Confirmation Amendments to Chapter 13 Plans
Courts are split on whether the confirmation requirements in Section 1325(b)(1) apply when a debtor seeks confirmation of an amended plan.
District Court Disregards the Bankruptcy Court’s Authority over Post-Petition Fees
Seemingly in conflict with Section 329, a district court decided that a chapter 7 debtor’s attorneys could sue for post-petition fees, even though the firm never disclosed the fee arrangement as required by Section 329 and Rule 2016.