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Title 11 of the United States Code (the āBankruptcy Codeā) provides a fresh start to the āhonest but unfortunate debtor.ā Chapter 7 therefore permits a debtor to ādischarge their outstanding debts in exchange for liquidating their nonexempt assets and distributing them to their creditors.ā Dismissals in chapter 7 are governed by section 707 of the Bankruptcy Code. Section 707(a) governs all chapters of bankruptcy filings and applies when adequate ācauseā is shown.
Abstract:Ā Ā
Bankruptcy law in the United States is race-neutral on its face but, in practice, race matters in bankruptcy outcomes. Our original research provides an empirical look at how the facially neutral laws that allow debtors to retain assets in bankruptcy cases result in disparate outcomes for Black and white debtors. Racial differences in asset retention in bankruptcy cases play a role in perpetuating wealth inequality between Black and white debtors.
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Yitzhak MillerĀ brought claims against relatedĀ to the mortgage servicers related toĀ three rental properties:
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The bankruptcy court overruled the chapter 7 trustee's objection to the debtor Catherine Myatt's claimed exemption in her interest in her former husband's 401(k) retirement account.
As of February 14, 2024, the revised Department of Justice (DOJ) guidelines for discharging student loan debt are still under evaluation after their initial implementation in November 2022. Here's what we know:
Current guidelines (November 2022):