Consumer Bankruptcy

As long as the student loan is owing to the government, the Fifth Circuit holds that the government bar date applies even when the servicer is a private company.

Two judges in Georgia say that personal property is not exempt even if the purchase was traceable to Social Security benefits.

The Second Circuit split with the First Circuit, which had permitted nationwide class actions because the discharge injunction is statutory.

Splitting with the Tenth Circuit, the Ninth Circuit holds that chapter 13 debtors lose post-petition appreciation in a home if the case converts to chapter 7.

President’s Column Having served as ABI President for just over three months, while it is good to remain focused on advancing the organization, I want to take some time to reflect on life and family. Life takes unexpected turns. The recent passing of Bill Brandt of

Rather than invoking the best interests and disposable income tests for plan confirmation, the Eleventh Circuit may have departed from the statute by ruling that the ‘ability to pay’ gives postpetition tort claims to creditors in chapter 13.

Untangling the Sub V Eligibility Criteria for Individual Debtors By Kellie Fisher and Adam R. Prescott Editor’s Note: ABI’s Subchapter V Task Force, launched in April, will study practitioners’ experiences with the three-year-old law, culminating in a final report to be

“ In Rem Relief” as Commandeering? Perspectives from Haaland By Nate Juster 1 Is it unconstitutional to force states to record in rem bankruptcy court orders as charges against real property? It could be. In Haaland v. Brackeen , 2 the U.S. Supreme Court considered

Wellness International may have undercut prior Second Circuit authority giving pro se litigants a loophole for arguing there was no implied consent to final adjudication by an Article I judge.