When the Creditor Becomes the Debtor: Consumer Lenders in Bankruptcy and the Impact on Borrowers
Creating a Circuit Split, Ninth Circuit Allows Retirement Contributions in Chapter 13
The Ninth Circuit split with the Sixth Circuit in the interpretation of the ‘hanging paragraph’ in Section 541(b)(7). Courts are divided four ways on whether or how much a ‘13’ debtor may contribute to voluntary retirement plans after filing.
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Barring Use of an Online Payment Platform Was an Automatic Stay Violation
Bankruptcy Judge Michelle Harner decided that a mortgage servicer must allow a chapter 13 debtor’s continued use of an online payment platform.
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Why Not Chapter 15?
A Retirement Plan that’s Not ‘Tax-Qualified’ Is Still Excluded from Estate Property
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.
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