October 3, 2023
The Second Circuit found discretion to avoid a constructively fraudulent transfer of exempt property that would have enabled the debtor to pay her creditors in full.
September 27, 2023
The state law standards for creation of a contract governed enforceability of a term sheet signed after mediation.
September 25, 2023
Courts aren’t fully in agreement, but most hold that non-purchase money debt service on a car isn’t an ‘ownership cost’ deducted from current monthly income to arrive at disposable income in chapter 13.
September 20, 2023
Memphis Bankruptcy Judge Denise Barnett reads the BAPCPA amendments as excluding personal injury settlements from the calculation of ‘projected disposable income.’
September 15, 2023
Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
September 14, 2023
Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.
September 13, 2023
When, post-confirmation, a chapter 13 debtor sells his or her home, who gets the benefit of the appreciation: the debtor, or his or her creditors? Judge Randon in Michigan adopted the so-called “estate replenishment approach” and held that sale proceeds derived from post-confirmation appreciation of a home belong to the debtor.
September 11, 2023
In addressing Michigan county’s car-seizure and forfeiture practices, Sixth Circuit sets a clear benchmark for debtors.
September 7, 2023
What will become of the chapter 13 system if standing trustees must refund all fees collected in cases dismissed before confirmation? The answer is perhaps unexpected: Unsecured creditors in confirmed chapter 13 cases will pay the administrative expenses of cases that fail.
August 30, 2023
The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.