November 15, 2022
Employer-Paid Health Insurance Is Held to Be Income in Chapter 13
Should the cost of employer-provided health care insurance be considered income for lower-income Americans?
9th Circuit, IdahoNovember 14, 2022
Two Circuits Now Require Refunds for Overpayment of U.S. Trustee Fees
The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.
2nd CircuitNovember 11, 2022
No Interlocutory Appeal from Madoff Rulings on Suits Against Feeder Fund Customers
Subsequent transferees of Madoff’s fraudulent transfers won’t have an interlocutory appeal from denial of their motions to dismiss.
2nd Circuit, New York, New York Southern DistrictNovember 10, 2022
In Mass Tort Cases, New York Judge Permits Redactions of Creditors’ Names
One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.
2nd Circuit, New York, New York Southern DistrictNovember 09, 2022
Plans Longer than 5 Years Can’t Be Amended Now Because Section 1329(d) Has Expired
A plan longer than five years must revert to a five-year plan now that Congress has allowed Section 1329(d) to expire, Judge Hanan says.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictNovember 08, 2022
Claiming ‘100% of FMV,' Debtors Keep Postpetition Appreciation in Exempt Assets
Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.
9th CircuitNovember 07, 2022
Harris Expanded to Bar Paying Debtor’s Counsel After Conversion from ‘13’
Harris v. Viegelahn bars any payment by a chapter 13 trustee after conversion, not just payments to creditors, Judge LaShonda Hunt says.
7th Circuit, Illinois, Illinois Northern DistrictNovember 04, 2022
Differences Between Judicial and Statutory Liens Explained by Judge Heston
Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).
9th Circuit, Washington, Washington Western DistrictNovember 03, 2022
Courts Split on Whether Bankruptcy Discharges Future Liability on a Guarantee
Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictNovember 02, 2022
A Security Deposit Is an Unsecured Loan, Unless State Law or the Lease Says Otherwise
If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.
2nd Circuit, New York, New York Southern District