Consumer Bankruptcy

The Sixth Circuit holds that a debtor cannot recover attorneys’ fees from the U.S. Trustee under the EAJA in a contested matter, but leaves open the possibility of liability for counsel fees in a losing adversary proceeding.

President’s Column Congratulations to ABI’s 2023 “40 Under 40” Class Last month’s induction of the newest class of ABI’s “40 Under 40” honorees, whose achievements have been described in the front section of this issue, marked another highlight event for me. My column

Legislative Highlights “National Guard and Reservists Debt Relief Extension Act of 2023” Passes in House, Awaits Senate Consideration The House of Representatives passed H.R. 3315, the “National Guard and Reservists Debt Relief Extension Act of 2023,” via voice vote on

Select Comments/Questions Posed by SCOTUS Justices During Oral Argument in Harrington v. Purdue Pharma The U.S. Supreme Court on Dec. 4 heard oral argument in Harrington v. Purdue Pharma LP. The issue before the court is whether the Bankruptcy Code authorizes a court to

Property Disclosure Duties in Chapter 13 By Sumner A. Bourne The consumer bankruptcy system, where the economic resources for investigating debtors’ financial affairs are especially limited, relies on accurate and predictably timed debtor-filed schedules to function

Recognition of Income-Based Repayment of Student Debt in Disposable Income By Michael Polkoff Student loan debt has generated significant discourse on how it should be treated during bankruptcy, 1 yet the income-based-repayment (IBR) alternative intended to reduce the

Being an heir by itself doesn’t bring a decedent’s estate into the heir’s bankruptcy estate.

The Exchange: Turning Over Tax Refunds After ACP Expiration to Obtain a Longer Plan Term By Michael T. Brown The Bankruptcy Code 1 limits a chapter 13 debtor with “below-median income” 2 to a repayment term of three years 3 “unless the court, for cause, approves a

Official Form 122C-2 could be read to deprive a chapter 13 debtor of the IRS standard housing deduction when the statute permits the deduction.

An inchoate interest in property created by filing a divorce action doesn’t survive dismissal of the divorce action, the Tenth Circuit BAP says.