June 12, 2023
Colorado allows the ‘stacking’ of exemptions, given the mandate to interpret exemptions liberally in favor of debtors.
June 9, 2023
Defeated three times, a chapter 7 trustee is appealing to the Fifth Circuit to end the exemption for whole-life policies in Texas.
June 8, 2023
Although not held in an IRA, a refund by the IRS of a withdrawal penalty was exempt because state law permits tracing proceeds of exemptions, Judge Opperman says.
June 7, 2023
A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’
June 6, 2023
In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.
June 5, 2023
A judge sitting in a proper venue may transfer venue to a district that was improper originally.
June 1, 2023
Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.
May 30, 2023
The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.
May 25, 2023
Chapter 13 scholar Keith Lundin believes that debtors retain inheritances acquired more than 180 days after filing.
May 19, 2023
Affirming the bankruptcy court, the district court found that bifurcated fees are excessive and that inadequate disclosures violated Sections 526 and 528.