Consumer Bankruptcy

Limitations on the Reach of Taylor v. Freeland & Kronz

Section 522(c) of the Bankruptcy Code states that “unless the case is dismissed, property exempted under this section is not liable during or after the case for any debt of the debtor that arose, or that is determined under §502 of this title as if such debt had arisen, before the commencement of the case” with certain limited exceptions.

Case Update: May Debtors Deduct Vehicle Ownership Expenses for Vehicles that are Owned Outright?

Since the enactment of BAPCPA, both bankruptcy and appellate courts have been split on the issue of whether debtors may deduct vehicle ownership expenses for vehicles that are not encumbered and for which debtors do not make an actual monthly loan or lease payment.

Homeowners Walking Away on a Clearer Path: Form 22A Deductions Allowable for Secured Debt Despite Surrender

Completing Form 22A necessarily requires the consideration of pre-petition debts, but if a debtor intends to surrender real estate, should that expense still be included on Form 22A (the Means Test)?  On May 23, 2008, the First Circuit Bankruptcy Appellate Panel (BAP) ruled that a debtor who intends to surrender property in chapter 7 may&nbsp

Courts Grapple with Homestead Limitation under §522(p)

One of the most hotly debated aspects of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was whether the unlimited homestead exemption in states such as Florida and Texas should be curtailed in bankruptcy proceedings.  In a compromise, Congress adopted three specific limitations on the homestead exemption:

The Ninth Circuit Rules on Chapter 13 “Projected Disposable Income” and “Applicable Commitment Period” under BAPCPA [1]

A debtor's proposed chapter 13 plan may not be confirmed if a trustee or the holder of an unsecured claim objects thereto unless a debtor pays in full each allowed unsecured claim, (11 U.S.C.

Section 522(o): Can You Change The Law if You Leave the Language The Same?

Section 522(o) of the Bankruptcy Code seems to have the potential to significantly restrict pre-bankruptcy exemption planning for prospective debtors who choose state exemptions (in states that opted out of federal exemptions, bankruptcy debtors are stuck with §522(o and p)).

Mortgage Crisis Requires Attention of Consumer Bankruptcy

The typical consumer bankruptcy attorney is knowledgeable about bankruptcy law and property rights in general. Today, more than ever, mortgage foreclosure is the event which precipitates bankruptcy filings. Most of the mortgages that are now being foreclosed upon are subprime mortgages originated within the past three years.

Florida Bankruptcy Courts Split On The Negative Equity Issue Related To 910-Day Claims

Congress added a provision to BAPCPA that appeared to be designed to protect auto lenders who financed cars for debtors within 910 days of the bankruptcy filing. This provision sought to prevent the cramdown of these so-called “910-day loans” in chapter 13 cases and was included in a section of the legislation entitled “Giving Secured Creditors Fair Treatment in Chapter B.” H.R. Rep. No. 109-31 at 72 (2005). Unfortunately, this provision was unnumbered and simply added at the end of §1325(a).

Using Non-Dischargeability As A Remedy Against Financial Abusers Of The Elderly

Bankruptcy Judge Donald Steckroth, recently handed down an unpublished decision that declared nondischargeable a debt for money taken by a caregiver-daughter from her elderly mother. Buttimore as Executor for the Estate of Helen C. Buttimore, Plaintiff v. Carole Wolke. Defendant Adversary Case Number 07-01756(DHS). (Bankr. D.N.J. Feb.

Making Sense out of Mortgage Mayhem: Primer on Subprime and Predatory Lending Problems

“Subprime Mortgage Crisis!” “Predatory Loans!” These are headlines that have dominated financial news for months. Unfortunately, although the terms are used loosely and frequently, the stories have done little to educate the public—people whose homes may be lost in a foreclosure action—about what the terms mean.

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