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New Bankruptcy Rules in Effect
  • McBrayer McGinnis Leslie & Kirkland PLLC
  • USA
  • May 23 2018

Amendments to the Federal Rules of Bankruptcy Procedure brought important changes to the administration of consumer bankruptcy cases, particularly

Courts Expand Eligibility for Chapter 13 Bankruptcy of Persons Seeking to Discharge Outstanding Student Loans
  • Troutman Sanders LLP
  • USA
  • May 10 2018

Chapter 13 of the United States Code’s eleventh title (“Bankruptcy Code” or “Code”) “permits any individual with regular income to propose and have

Failla and Taylor are Alive and Well: Eleventh Circuit again Confirms that Debtors Cannot Retain Secured Property Absent Reaffirmation or Redemption
  • Burr & Forman LLP
  • USA
  • April 5 2018

For the third time in less than two years, the Eleventh Circuit Court of Appeals has ruled that a chapter 7 debtor who does not reaffirm the secured

4th Cir. Allows Chapter 13 Lien Stripping When No Proof of Claim Filed
  • Maurice Wutscher LLP
  • USA
  • April 5 2018

The U.S. Court of Appeals for the Fourth Circuit recently held that a completely unsecured lien may be stripped off in a Chapter 13 bankruptcy

Awkward: Old Friend From Church Blocks Discharge of Student Loan Debt
  • Bryan Cave Leighton Paisner (Bryan Cave)
  • USA
  • April 2 2018

Providing an exception to the axiom that no good deed goes unpunished, a Texas bankruptcy court recently declared nondischargeable a debt owed to a

Florida Passes Bill to Stop Bankruptcy Debtors From “Having Their Cake and Eating It Too”
  • Baker & Hostetler LLP
  • USA
  • March 26 2018

On March 20, Florida Governor Rick Scott signed Senate Bill 220 into law. The bill is designed to limit the ability of defendants in foreclosure

Green Hands Aren’t Unclean Hands: 9th Circuit BAP Retreats from Mandatory Dismissal in Marijuana Cases
  • Burns & Levinson LLP
  • USA
  • March 21 2018

A 92-year-old landlord who leased a storefront to a marijuana dispensary will receive a new hearing after a court dismissed her bankruptcy case on

Dismissal of “Marijuana” Bankruptcy Not Automatic as Bankruptcy Appellate Court Overturns Dismissal of Bankruptcy Case of Landlord Debtor with Dispensary Tenant
  • Seyfarth Shaw LLP
  • USA
  • March 20 2018

In a noteworthy decision, the Bankruptcy Appellate Panel for the Ninth Circuit overturned a dismissal of a bankruptcy case, which the lower court had

Consumer Bankruptcy Committee Issues Observations and Recommendations Regarding Student Loan Debts
  • Troutman Sanders LLP
  • USA
  • March 14 2018

As summarized in the March 2018 issue of the American Bankruptcy Institute Journal, ABI’s Consumer Bankruptcy Committee has recently issued several

Will the Scope of US Trustee’s Policy on Cannabis-Related Bankruptcy Filings be Limited?
  • Duane Morris LLP
  • USA
  • March 13 2018

The Court of Appeals for the Ninth Circuit revived a chapter 13 debtor’s bankruptcy case holding that the bankruptcy court below made no specific