Consumer Debt

Recognition of Income-Based Repayment of Student Debt in Disposable Income

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

9th Circuit Dec 19, 2023

BAP Lays Down Pleading Rules for Fee Applications in Small Chapter 7 Cases

The fee application by an attorney for a chapter 7 trustee in a small case must state facts to show why the services must have been performed by an attorney, not by the trustee.
9th Circuit Nov 15, 2023

A Refinanced Consumer Loan Might Not Be a ‘Consumer Debt,’ Ninth Circuit Says

Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.

Benchnotes January 2024

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo BAPCPA Did Not Abrogate Absolute-Priority Rule in Chapter 11 Cases Hon. Peter D. Russin of the U.S. Bankruptcy Court for the Southern District of Florida recently ruled that the absolute-priority

When a Nonfiling Spouse’s Support of an Adult Child Prevents Relief

When a Nonfiling Spouse’s Support of an Adult Child Prevents Relief By Alban Beqiri Imagine a debtor going through chapter 7, hoping for a fresh start, only to get kicked out — not for hiding money or playing games, but because the debtor’s spouse is supporting their