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Good-Faith 401(k) Contributions in Chapter 13 Estates: Necessary for Maintenance and Support

Oct 2020

The Small Business Reorganization Act of 2019

Hot Consumer Topics

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.’

BAP Didn’t See Barnhill as Prescribing the Date of Transfer from a Retirement Account

The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.

‘Snapshot’ Rule for Valuation Doesn’t Apply to Compelling Abandonment, Circuit Says

Equity in property at the time of a hearing, not at filing, decides whether the court should compel abandonment, Sixth Circuit says.

A Re-Examination of the Rules of Property Rights and Post-Petition Gifting in Bankruptcy

Winter

The Bankruptcy Trustee vs. Uncle Sam: Dividing the Proceeds of the Crime

Chapter 13 Debtor Keeps Postpetition Appreciation in Nonexempt Property, BAP Says

Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.

Consumer Workshop III: Cleaning It Up: Messy Chapter 7s