Reversing Itself, Fifth Circuit Panel Reinstates Finality to Exemptions in Chapter 7
After rehearing, the Fifth Circuit rediscovers the snapshot rule by giving finality to exemptions in chapter 7.
Court:
Rehearing Petition Attacks Fifth Circuit Opinions Stripping Exemptions of their Finality
Petition characterizes Fifth Circuit as standing alone by rejecting the ‘snapshot rule' for exemptions.
Court:
Exempt Assets Aren’t Always Exempt in Chapter 13
Courts are split on including some exempt assets into the calculation of disposable income.
IRA Sold After Filing Loses Its Exemption in Chapter 7, Not Just Chapter 13
Fifth Circuit rule effectively precludes selling exempt property until the case is closed, if not later.
Court:
Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds
A ‘no harm, no foul’ stay violation is harmless error.
Court:
Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds
Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.
Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims
Class suit in Texas attacks the filing of bogus claims.
Diligence by Itself Won’t Justify Invocation of Equitable Tolling
Houston judge doesn’t excuse delay in identifying John Doe defendants.
Lump-Sum Child Support Claim Disallowed when Debtor Was Current
‘Relationship test’ bolsters Texas judge in disallowing claim for child support.
After Chapter 13 Dismissal, Counsel Fees Aren’t Paid
Harris v. Viegelahn extended from chapter 13 conversions to dismissals.