Consumer Bankruptcy

A Quick Look at Bankruptcy/Debt Issues to Date in the 118th Congress

A Quick Look at Bankruptcy/Debt Issues to Date in the 118th Congress As Congress returned to Capitol Hill in early September following summer recess, many of the headlines regarding legislative action once again turned toward key issues surrounding funding and budgetary

Nonpurchase Money Debt Service on a Car Isn’t a Deductible ‘Ownership’ Cost in ‘13’

Courts aren’t fully in agreement, but most hold that non-purchase money debt service on a car isn’t an ‘ownership cost’ deducted from current monthly income to arrive at disposable income in chapter 13.

Personal Injury Settlement Was Not ‘Income’ Payable to Creditors in Chapter 13

Memphis Bankruptcy Judge Denise Barnett reads the BAPCPA amendments as excluding personal injury settlements from the calculation of ‘projected disposable income.’
Consumer Bankruptcy Sep 17, 2023

Soldiers and Recent Veterans May Soon Be Subject to the Means Test/Thank You for Your Service

Soldiers and Recent Veterans May Soon Be Subject to the Means Test By Maurice “Mac” VerStandig Editor’s Note: ABI’s Task Force on Veterans and Servicemembers Affairs provides accessible resources for military members. Please visit veterans.abi.org for more information

Balance 101: Recalibrating the Student Debt Relationship

Balance 101: Recalibrating the Student Debt Relationship By Ryan M. Deutsch Over the years, Congress has implemented various pieces of legislation amending the legal framework applied in the dischargeability analysis for student loan debt. Consequently, these amendments

9th Circuit Sep 13, 2023

Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, Circuit Says

Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.

College Tuition Made a Debtor Ineligible for Chapter 7

Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.