Clark v. Rameker Didn’t Say that All Inherited IRAs Aren’t Exempt
In Section 522(b)(3), Congress made sure that ‘retirement funds’ are exempt in bankruptcy even if they aren’t exempt in states that don’t permit federal exemptions.
Eighth Circuit to Decide Whether Avoidance Actions Are Estate Property that Can Be Sold
Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.
FishDish Proves that Ending Equitable Mootness Didn’t End the World as We Know It
Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.
‘Doing Everything Possible’ Can Result in Cutting a Fee Request, Judge Thad Collins Says
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.
In the More Lenient Eighth Circuit, Debtors Knock Off $130,000 in Student Loans
Judge Collins discharges all but $23,900 among nine student loans totaling $154,000.
A Destitute Debtor Succeeds in Discharging Student Loans
Holding two advanced degrees didn’t bar the discharge of student loans.
Court:
Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay
Section 105(a) was utilized because Section 1301 is silent on sanctions.
Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts
District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.
Judge Writes a Treatise on Provisional Overdrafts and Preferences
No debt, and thus no preference, arises until after the midnight deadline.