Student Loans Didn’t Qualify as Commercial Debt for Sub V Eligibility
The business debt necessary to qualify for Subchapter V need not to have arisen from the debtor’s business at the time of filing, Bankruptcy Judge Meier says.
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Limited Partnership Agreement Is an Estate Asset, Not an Executory Contract
Because a limited partner’s obligations were only ‘options,’ the partnership agreement was not an executory contract, Chief Judge Meier says.
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Employer-Paid Health Insurance Is Held to Be Income in Chapter 13
Should the cost of employer-provided health care insurance be considered income for lower-income Americans?
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Another Court Lets the Debtor Keep Appreciation in a Home on Conversion from 13 to 7
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
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Subchapter V Trustees Are Entitled to ‘Reasonable’ Compensation Without a “Cap”
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
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No Fees for a Chapter 13 Trustee in a Case Dismissed Before Confirmation
Trustees in chapter 12 fare better than chapter 13 trustees if a case is dismissed before confirmation.
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Liquidation Value Required in a Chapter 12 Cramdown
Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.
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Discharge Revoked for Failure to Obey an Order Pending Appeal
To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.
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‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions
Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.
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Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations
Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.
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