INTRODUCTION

• Jurisdiction: United States

INTRODUCTION

In consumer bankruptcy the landscape of the law is constantly shifting, as are the needs of clients. To keep up with changes and best assist consumers, practitioners can rely on ABI as a vital resource. Through the monthly ABI Journal and the numerous educational conferences held throughout the year ABI contributors gave us comprehensive, in-depth analysis of the emerging consumer bankruptcy topics of 2018. This book includes many of those great articles, to present an overview of the most topical discussions.

In 2018 case-law continued to shift consumer bankruptcy laws. Courts have disagreed on addressing dischargeability of taxes, and a recent case addressed whether a taxing authority may have a good faith defense to a willful violation of the discharge order, when it reasonably believed a debt to be discharged. Practitioners always need to be wary of exemption loopholes. 2018 cases addressed losing exemption status, and whether a homestead applies when the property is owned by an LLC. The consequences of undisclosed or unknown assets may require different approaches, depending on the chapter and timing of the discovery.

Student loans continue to be a main concern for consumers, with the total student loan debt now at $1.41 trillion in the United States. Attorneys are trying innovative ways to address the burden, including ways to succeed on a 523(a)(8) action and using the chapter 13 plan to help clients with paying down loans. Secured claims may be modified in a chapter 13 plan to better allow a client to obtain a fresh start, but courts are not consistent on how different claims may be treated, depending on when the debtor is in the plan, as well as the type of claim and asset involved.

Two of the main goals...