June 25, 2020
The Ninth Circuit allows chapter 13 debtors on their own to accelerate payments to creditors and secure their discharges more quickly without modifying their plans.
June 17, 2020
Aligning with the Third Circuit, the Ninth Circuit says that lower courts were reading its prior decisions too broadly.
June 12, 2020
Court cannot impose a nonstatutory provision on a chapter 13 ‘full payment’ plan that restricts the debtor’s right to modify a confirmed plan.
June 8, 2020
In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.
June 3, 2020
Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’
May 22, 2020
Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.
10th Circuit , Colorado ,
May 14, 2020
Judge Jacobvitz allows the debtor to proceed under the SBRA more than a year after the initial chapter 11 filing
May 12, 2020
Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.
May 8, 2020
Circuit says that some factors are more important than others when applying equitable mootness to appeals from liquidating plans.
April 23, 2020
Two recent decisions by the 9th Circuit BAP seem in conflict on a chapter 13 debtor’s ability to retain appreciation in the value of assets.