541 | ABI

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Judge Isgur Allows 401(k) Contributions in Chapter 13 Up to What the IRS Code Allows

Contributions to 401(k) plans are deducted from ‘projected disposable income,’ even though the debtor was not making contributions before filing

Court :

Texas Southern District

Current Events with Bill Rochelle (and Guests!)

Bankruptcy Code

11 U.S.C. § 363(m)

Topics

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

Business Reorganization

International Insolvency

Links

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Here’s How a Disclaimed Inheritance Can Be Recovered Under Section 544(b)

Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.

Court :

Illinois Southern District

Survivor’s Benefits Under a Pension Plan Might Not Become Estate Property

Unlike Clark v. Rameker, where an inherited IRA wasn’t exempt, the inheritance of benefits under a pension plan might not become estate property under Section 541(c)(2).

Court :

Judicial Roundtable Workouts: Problems, Problems, Problems!

Bankruptcy Code

Topics

Consumer Bankruptcy

Business Reorganization

Links

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Exemptions! Exemptions! Exemptions!

Bankruptcy Code

Topics

Consumer Bankruptcy

Links

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Nuts & Bolts Program: Part II

Bankruptcy Code

Topics

Consumer Bankruptcy

Business Reorganization

Links

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Nuts & Bolts Program: Part I

Bankruptcy Code

Topics

Consumer Bankruptcy

Business Reorganization

Links

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Are Chapter 13 Creditors Entitled to Proceeds from a Post-Confirmation Tort Claim?

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

Court :

Florida Southern District

Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13

Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.

Court :

Missouri Western District

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