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Bankruptcy Code

Topics

Practice and Procedure

Venue/Jurisdiction

Consumer Bankruptcy

District Court Allows 401(k) Contributions in Chapter 13 Up to the IRS Limits

Lower courts split three ways on 401(k) contributions and the calculation of disposable income in chapter 13.

Judge Name - Do not use it.

Elizabeth Erny Foote

Still No Universal Test for Bifurcating an Auto Loan in Chapter 13

Courts are groping to define ‘personal use’ because Congress didn’t.

Judge Name - Do not use it.

Shelley D. Rucker

Bankruptcy Code

Topics

Consumer Bankruptcy

Journal Issue

Bankruptcy Code

Bankruptcy Rule

none

Topic Tags

Plan Confirmation

Practice and Procedure

Business Reorganization

Chapter 12/Farm Cases

Fifth Circuit Adopts Flexible Timing for Section 1111(b) Cramdown Valuation

Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.

Judge Name - Do not use it.

Priscilla R. Owen

Seventh Circuit Allows Anticipated Tax Refunds to Be Offset by Expenses in Chapter 13

On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.

Judge Name - Do not use it.

Joel M. Flaum

Bankruptcy Code

Topics

Business Reorganization

Bankruptcy Code

Topics

Business Reorganization

Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner

Congress created a loophole in the hanging paragraph in Section 1325(a).

Judge Name - Do not use it.

Patrick M. Flatley

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