Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner
Congress created a loophole in the hanging paragraph in Section 1325(a).
Fourth Circuit Ducks a Split on Pension Contributions in Chapter 13
Sixth Circuit remains the only appeals court to preclude all pension contributions after a chapter 13 filing.
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Courts Shifting to Say Corporate ‘S’ Status Is Not Property
Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.
Circuits Split on Appellate Standard for Finding of ‘Indubitable Equivalent’
Equitable defenses can bar payment of interest on a fully secured claim, Fourth Circuit holds.
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Paying More on Student Loans Isn’t Unfair Discrimination Automatically
Chapter 13 plan shouldn’t end up increasing student loan debt, judge implies.
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Section 1326(a)(2) Overrides a Levy Under State Law
On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.
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Fourth Circuit Conflicts with the Fifth on Loss of Chapter 7 Exemptions after Filing
Even if an exemption is lost after filing, a Code provision must bring property into the estate, Fourth Circuit holds.
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Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds
Res judicata does not apply to ‘deemed allowed’ claims.
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Courts Split on Allowing Credit Counseling on the Same Day but After Filing
Judge follows statutory language that didn’t achieve the result Congress intended.
Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds
Financial professional was held to a higher standard in valuing estate assets.
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