Reversing the BAP, Ninth Circuit Allows Chapter 13 Plans with Estimated Durations
The Ninth Circuit allows chapter 13 debtors on their own to accelerate payments to creditors and secure their discharges more quickly without modifying their plans.
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Fifth Circuit Bans Molina Provisions in Chapter 13 Plans
Court cannot impose a nonstatutory provision on a chapter 13 ‘full payment’ plan that restricts the debtor’s right to modify a confirmed plan.
Sixth Circuit Allows Chapter 13 Debtors to Continue Retirement Plan Contributions
Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’
An Exempt Asset Effectively Loses Its Exemption in Chapter 13
Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.
Courts Deeply Split on Social Security Benefits in the Chapter 13 ‘Abuse’ Test
Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith.
Bankruptcy Code