Courts Are Split on Whether Counsel Fees Are Considered in the Chapter 13 Best Interests Test
Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.
Espinosa Doesn’t Forgive All Procedural Defects in Confirmation, Judge Ludwig Says
To sell free and clear, someone with an interest in the property must receive the notice required for service of a summons and complaint. Actual notice doesn’t suffice.
Chapter 12 Farmer Plan May Pay Impaired Secured Creditors Directly
The lender’s consent to direct payments by the family farmer persuaded Judge Furay to overrule the chapter 12 trustee’s objection to the plan.
Farmers in Chapter 12 Don’t Qualify for PPP ‘Loans,’ Milwaukee Judge Rules
A PPP ‘loan’ under the Cares Act isn’t a ‘grant,’ thus the government isn’t barred from discriminating against a bankrupt under Section 525(a).
Wisconsin Judge Slashes Quarterly Fees to the U.S. Trustee Program
Judge Furay interprets ‘disbursements’ not to include the daily sweep of a collection account in a revolving credit.
Another Bankruptcy Judge Disregards Student Loans on Chapter 13 Eligibility
Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.
For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale
Constructive notice deprived a purchaser of ‘bona fide’ status.
Veterans’ Benefits Are Included in Calculating ‘Disposable Income’ in Chapter 13
Congress must address unfairness to veterans, Judge Susan Kelley says.
Reimbursed Expenses Included in Calculating Median Income for Plan Duration
Debtor kicked into longer plan as a consequence of employer’s expense reimbursements.
In-Kind Income Excluded from Calculation of Current Monthly Income
Judge takes practical approach to decide what’s considered current monthly income.