March 24, 2023

‘13’ Debtors Need to Know Whether They Lose Appreciation When They Sell a Home

One of the biggest unanswered questions in chapter 13 sometimes forces debtors to keep homes they need to sell or strips away appreciation if they are forced to sell.

4th Circuit, Virginia, Virginia Eastern District

March 23, 2023

Here’s How a Disclaimed Inheritance Can Be Recovered Under Section 544(b)

Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.

7th Circuit, Illinois, Illinois Southern District

March 22, 2023

Renewing a Title Loan Just Before Chapter 13 Didn’t Make the Filing in Bad Faith

Ruling the other way would have barred chapter 13 filings after renewing title loans.

11th Circuit, Alabama, Alabama Middle District

March 21, 2023

Another Court Won’t Permit a Structured Sale to Eradicate a Homestead Exemption

Subordinated lenders can’t take a ‘haircut,’ give a ‘tip’ to the trustee, sell a home and eradicate the debtor’s homestead exemption.

4th Circuit, North Carolina, North Carolina Western District

March 16, 2023

Limited Partnership Agreement Is an Estate Asset, Not an Executory Contract

Because a limited partner’s obligations were only ‘options,’ the partnership agreement was not an executory contract, Chief Judge Meier says.

9th Circuit, Idaho

March 15, 2023

State Exemption for Life Insurance Policies Under Attack in Texas

Bankruptcy Judges Gargotta and Davis both held that the amended Texas exemption statute exempts life insurance policies and their cash surrender values.

5th Circuit, Texas, Texas Western District

March 09, 2023

Dismissal Isn’t Mandatory if a New Filing Is Within 180 Days of a Voluntary Dismissal

Courts are split on whether Section 109(g)(2) mandates dismissal whenever an individual or family farmer refiles within 180 days, regardless of whether a lift-stay motion prompted dismissal of the first case.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

March 01, 2023

First Circuit Writes a Treatise on the Elements of Judicial Estoppel

Disputed facts can defeat invocation of judicial estoppel on summary judgment.

1st Circuit

February 24, 2023

Survivor’s Benefits Under a Pension Plan Might Not Become Estate Property

Unlike Clark v. Rameker, where an inherited IRA wasn’t exempt, the inheritance of benefits under a pension plan might not become estate property under Section 541(c)(2).

10th Circuit, New Mexico

February 23, 2023

Debts for a Partner’s Fraud Are Still Nondischargeable, the Supreme Court Says

The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).

Supreme Court