November 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 District

November 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 Circuit

November 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 District

November 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 District

October 31, 2022

‘Economic Unit Approach’ Best Fixes the Size of a ‘Household,’ Judge Larson Says

The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.

5th Circuit, Texas, Texas Northern District

October 28, 2022

Even if Ineligible for Chapter 13, the Debtor Still Has an Absolute Right to Dismiss

The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.

9th Circuit

October 26, 2022

Sixth Circuit Holds that Tax Foreclosure Violates the Takings Clause of the Constitution

If tax foreclosures violate the Takings Clause, it stands to reason that they are also fraudulent transfers.

6th Circuit

October 10, 2022

Buying a Claim Carries with It the Right to Assert Nondischargeability

Joining the majority of courts, Judge Grossman says that the debtor’s conduct, not the identity of the holder of the claim, determines nondischargeability.

2nd Circuit, New York, New York Eastern District

October 06, 2022

Property Held in a Joint Tenancy Leaves the Estate on the Debtor’s Death

If a debtor owns property as a joint tenant with right of survivorship, the trustee has nothing to sell if the debtor dies.

7th Circuit, Illinois, Illinois Northern District

October 03, 2022

To Be Nondischargeable, Debtor Must Have Violated Securities Laws, Another Judge Says

Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.

5th Circuit, Texas, Texas Eastern District