By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction to this Series Current pandemic circumstances and economic conditions portend an onslaught of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in UCC Article 9. Here, we look at a couple of topics that touch on the interplay of Article...
From the Editor – Claims
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By The Honorable William Houston Brown (Retired)
Permissive abstention for determination of whether lump-sum payments were domestic support obligation. The Chapter 13 debtor filed an adversary proceeding to determine that his obligation to make lump-sum payment to his ex-wife was not a domestic support obligation and was subject to discharge after plan completion; however, the state court had already conducted a day-long hearing on the ex-wife’s motion for contempt for failure to pay $100,000 installment due under the marital dissolution agreement. Noting that the state court had concurrent jurisdiction . . .
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