June 15, 2021
Ninth Circuit Puts Limits on the Supreme Court’s Preclusion of Equitable Remedies
Law v. Siegel didn’t bar bankruptcy courts from invoking doctrines of claim and issue preclusion, the Ninth Circuit says.
9th CircuitJune 14, 2021
Chapter 13 Debtors Lost Appreciation in Property After Conversion to ‘7’
On an issue where the courts are split, a judge in Washington State says that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.
9th Circuit, Washington, Washington Western DistrictJune 11, 2021
Sixth Circuit Creates a Split by Requiring Dismissal of an Abusive Chapter 13 Filing
Disagreeing with two other circuits, the Sixth Circuit finds no power in the bankruptcy court to avoid dismissing a chapter 13 case even if the debtor filed repeatedly in bad faith to avoid foreclosure.
6th CircuitJune 10, 2021
Unlike IRAs, Debtors Keep Inherited 401(k)s Because They Aren’t Estate Property
Exemptions never come into play with inherited 401(k)s because they aren’t estate property in the first place, Judge Hodges explains.
4th Circuit, North Carolina, North Carolina Western DistrictJune 04, 2021
Arbitration Clause Results in Temporary Stay of ‘Core’ Proceedings in Bankruptcy Court
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
4th Circuit, MarylandJune 02, 2021
Lack of Permanent Resident Status Doesn’t Always Defeat a Homestead Exemption
Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.
11th Circuit, Florida, Florida Middle DistrictMay 25, 2021
Chapter 13 Debtor May (Sometimes) Contribute to Retirement Plans
A chapter 13 debtor was permitted to make a fraction of the pension contributions permitted by the IRS Code.
4th Circuit, South CarolinaMay 24, 2021
Judge Elizabeth Katz Gives Some Relief for a Debtor Ineligible to Discharge Student Loans
Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.
1st Circuit, MassachusettsMay 21, 2021
Joint Tax Refund Isn’t Estate Property in Florida if Only One Spouse Files Bankruptcy
When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.
11th Circuit, Florida, Florida Middle DistrictMay 17, 2021
Having Nondischargeable Debts Doesn’t Entitle a Chapter 7 Debtor to Object to Claims
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
6th Circuit, Tennessee, Tennessee Western District