December 08, 2022

Bartenwerfer Argument Invites the Supreme Court to Depart from ‘Plain Meaning’

Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?

Supreme Court

December 02, 2022

Current IRS Expense Standards Used When Modifying a Chapter 13 Plan

Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.

11th Circuit, Florida, Florida Southern District

December 01, 2022

The Bankruptcy Code Doesn’t Invalidate Transfer Restrictions in an Operating Agreement

The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.

10th Circuit

November 29, 2022

Dissolution of a ‘Modern Family,’ the Homestead Exemption and Spousal Abuse

An unmarried domestic partner faces obstacles in claiming a homestead exemption, a BAP opinion shows.

9th Circuit

November 28, 2022

A Two-Year Delay in Filing a Retention Application Resulted in Denial of Fees

Pittsburgh Bankruptcy Judge Gregory Taddonio says that lawyers must search in PACER before signing up a new client.

3rd Circuit, Pennsylvania, Pennsylvania Western District

November 23, 2022

Ninth Circuit Splits on Avoiding and Preserving a Lien on Exempt Property

The Ninth Circuit dissenter interpreted the statute to mean that the debtor must pay a tax lien twice if the lien was avoided and preserved.

9th Circuit

November 22, 2022

Chapter 7 Estate Takes Post-Petition Appreciation on Conversion from Chapter 13

Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.

8th Circuit, Missouri, Missouri Western District

November 21, 2022

Placing Title Jointly with a Spouse May Be Avoidable if the Spouse Gave No Consideration

In South Carolina, taking title to property jointly with a spouse can be an avoidable gift under the Statute of Elizabeth.

4th Circuit, South Carolina

November 18, 2022

Avoiding a Judgment Lien that Impairs an Exemption Is Theoretical, Ninth Circuit Says

When avoiding a judgment lien under Section 522(f), state law cannot dictate that the amount of the exemption is the amount in effect when the lien was created.

9th Circuit

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, Idaho