Consumer Debt

An Internal Revenue Code definition means that the bankruptcy court cannot make part of a private student loan dischargeable and another part nondischargeable.

The Supremacy Clause overrides a property execution when a chapter 13 petition is dismissed before confirmation.

The Gendered Fresh Start: Financial Vulnerability in Men and Women By Kandis Coleman 1 In times of economic distress, consumers seek relief through various channels. Supplementing income through secondary employment, increasing credit card usage, borrowing money from

Honest, but Still Unfortunate?Ninth Circuit Defines Authority of Social Security Administration to Recoup Overpayments Following Chapter 7 Discharge By Mark A. Fink and Richard E. Willi III As the U.S. Supreme Court has stated, the Bankruptcy Code’s principal purpose is

North Carolina’s Judge McAfee distinguishes between sales of personal assets and sales of investment assets in deciding whether proceeds are derived from ‘income’ and must be included in the current monthly income analysis.

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.

The lack of ‘pecuniary interest’ may deprive a chapter 7 debtor of constitutional standing, even though the debtor is a ‘party in interest.’

If a lender could collect only once outside of bankruptcy when both spouses guaranteed a debt, the result is the same in a single or joint bankruptcy by the spouses.

Lack of financial distress was one of several contributing factors for the Tenth Circuit BAP’s affirmance of dismissal for bad faith filing in chapter 11.

Debt’s Grip: Risk and Consumer Bankruptcy Reviewed by Nicholas G. Glover Written by Prof. Pamela Foohey, Prof. Robert M. Lawless and Dr. Deborah K. Thorne Consumer bankruptcy affects Americans across the socioeconomic spectrum. It is a jarring truth that “[a]lmost every