Consumer Bankruptcy

Consumer Bankruptcy Oct 16, 2023

The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation

The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation By Charissa Potts Imagine this hypothetical: An honest debtor in a confirmed chapter 13 plan becomes unable to afford her mortgage payment due to circumstances beyond her control. She has a few years to

Debtors May Avoid Judicial Liens Under Section 522(f) Securing Nondischargeable Debts

Bankruptcy Judge Alan Koschik declined to follow cases decided before Congress amended Section 522(f) to preclude avoiding judicial liens securing domestic support obligations.

Student Loans Consolidated After Filing Can’t Be Discharged, Even for Undue Hardship

Consolidating student loans after filing creates a post-petition debt that can’t be discharged without filing bankruptcy again.
2nd Circuit Sep 29, 2023

It’s Ok to Avoid a Fraudulent Transfer Even if It Makes the Debtor Solvent, Circuit Says

The Second Circuit found discretion to avoid a constructively fraudulent transfer of exempt property that would have enabled the debtor to pay her creditors in full.

Inside ABI October 2023

President’s Column Subchapter V Task Force It is hard not to acknowledge the incredible progress of the Subchapter V Task Force ( subvtaskforce.abi.org ) and the commitment being demonstrated by its members. With the closing of the survey questionnaire on July 31, the

Legislative Highlights October 2023

Legislation Introduced to Cap Credit Cards’ Annual Percentage Rate Sen. Josh Hawley (R-Mo.) introduced the “Capping Credit Card Interest Rates Act” on Sept. 12 to cap the interest rate for credit cards at a “common-sense level” of 18 percent in an effort to protect