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 CircuitNovember 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 DistrictNovember 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 CircuitNovember 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 DistrictNovember 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 CarolinaNovember 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 CircuitNovember 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 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 District