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September 25, 2023
Nonpurchase Money Debt Service on a Car Isn’t a Deductible ‘Ownership’ Cost in ‘13’
Courts aren’t fully in agreement, but most hold that non-purchase money debt service on a car isn’t an ‘ownership cost’ deducted from current monthly income to arrive at disposable income in chapter 13.
5th Circuit
,
Louisiana
,
Louisiana Western District
January 28, 2021
Defenses to Preferences Are Considered in Counting an Involuntary Debtor’s Creditors
A former bankruptcy judge, now a district judge, makes important law on involuntary petitions.
5th Circuit
,
Louisiana
,
Louisiana Western District
October 02, 2018
Sanctions Upheld Against ‘Nationwide’ Law Firm for Violating Section 526
Law firm suspended 90 days for multiple violations of rules of professional conduct.
5th Circuit
,
Louisiana
,
Louisiana Western District
June 01, 2018
District Court Allows 401(k) Contributions in Chapter 13 Up to the IRS Limits
Lower courts split three ways on 401(k) contributions and the calculation of disposable income in chapter 13.
5th Circuit
,
Louisiana
,
Louisiana Western District
April 20, 2018
Prefiling Expenses Can’t Be Reimbursed in a Chapter 13 Plan in Western Louisiana
Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.
5th Circuit
,
Louisiana
,
Louisiana Western District
April 16, 2018
Leased but Unused Personal Property Qualifies for an Administrative Claim
Circuits are split on requiring use of leased equipment before allowing an administrative claim.
5th Circuit
,
Louisiana
,
Louisiana Western District
March 02, 2018
Interim Fee Awards in Chapter 13 Are OK Before Conversion
District judge changes local practice in the bankruptcy court on interim awards in chapter 13.
5th Circuit
,
Louisiana
,
Louisiana Western District
October 04, 2017
Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s
Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.
5th Circuit
,
Louisiana
,
Louisiana Western District
May 16, 2017
After Chapter 13 Dismissal, Counsel Fees Aren’t Paid
Harris v. Viegelahn extended from chapter 13 conversions to dismissals.
5th Circuit
,
Louisiana
,
Louisiana Western District
October 06, 2016
Trustee Gets No Fee on Insurance Proceeds Paid to Secured Lender
District judge prescribes local rule for bankruptcy courts.
5th Circuit
,
Louisiana
,
Louisiana Western District
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