November 5, 2024
An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.
November 4, 2024
Despite Section 1325(a)(5)(B), an auto lender was entitled to retain a lien when there were co-debtors.
October 31, 2024
The expiration of Section 1329(d) in March 2022 means that 84-month chapter 13 plans amended now must revert to 60-month plans.
9th Circuit , Oregon ,
October 30, 2024
Declining to create a circuit split, Third Circuit Judge Thomas Ambro held that a retirement plan structured according to ERISA is excluded from estate property even if transactions by the trust violated ERISA or IRS Code regulations.
October 29, 2024
Sixth Circuit held that preferring one creditor with a nondischargeable claim before bankruptcy isn’t intent to hinder, delay or defraud.
October 25, 2024
Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.
October 24, 2024
When chapter 13 cases are converted to chapter 7 before confirmation, bankruptcy courts are split on whether the broad language in Harris v. Viegelahn bars chapter 13 trustees from paying administrative expenses incurred before conversion.
October 23, 2024
Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.
October 22, 2024
Tenth Circuit will be deciding whether an entire child tax credit is exempt or only a pro rata portion.
10th Circuit , Colorado ,
October 21, 2024
Bankruptcy courts are divided on whether the calculation of a trustee’s commissions includes distributions made to co-owners of property that the trustee has sold.
4th Circuit , Maryland ,