A ‘13’ Plan Can’t Pay Nondischargeable Debt in Full and Give Nothing to Other Creditors
Bankruptcy Judge Jeffery Deller of Pittsburgh defines impermissible discrimination among unsecured creditors in a chapter 13 plan.
A Chapter 7 Debtor Keeps a Tort Claim Reincarnated After Filing
A tort claim time-barred at filing doesn’t become estate property when the legislature reopens the statute of limitations.
No Interest for Unsecured Creditors in Full-Payment Chapter 13 Plans
Courts are split on whether unsecured creditors are entitled to interest in full payment plans when debtors are paying less than monthly disposable income.
Tax Refund Turnover Isn’t Required When the ‘13’ Plan Pays Creditors in Full
Chapter 13 trustee can’t require a debtor to maintain a ‘safety net,’ Bankruptcy Judge Hillen says.
Fifth Circuit Has No Bright-Line Rule Cutting Off Objections to Exemptions
When a trustee doesn’t file a notice with the adjourned date of a creditors’ meeting, equitable considerations govern when or whether the time expired for objecting to exemptions.
Inside ABI December 2025
Event Roundup ABI’s Annual Health Care Program Returns to DC ABI’s Health Care Program, a one-of-a-kind conference focusing on the future of health care and the latest on restructurings in this critical industry, returned to its roots in Washington, D.C., Oct. 22-23 at
Ninth Circuit Will Sit En Banc to Decide Whether Trustees Have Qualified Judicial Immunity
The Ninth Circuit will sit en banc, presenting the possibility of a circuit split that could end up stripping bankruptcy trustees of qualified judicial immunity.
Docketing Judgment Doesn’t Create a Lien on Personalty Until Execution
The issuance of an execution to the sheriff in New York results in the creation of a lien on personalty and the time of a transfer for preference purposes.
Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II
Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II 1 By Christopher Conte “Bankruptcy courts are courts of equity.” 2 Anyone who has practiced in front of bankruptcy judges for any length of time has undoubtedly heard, or uttered, the above quote
Courts Split on Modifying a ‘13’ Plan to Surrender a Car with the Deficiency Unsecured
Bankruptcy Judge Hunt in Salt Lake City split with the Sixth Circuit, which held that a debtor can’t modify a plan by surrendering a car but must continue paying the auto lender in full.