Personal Injury Settlement Not Included in Calculating Projected Disposable Income
Judge McNamara of Denver allowed chapter 13 debtors to keep all of a $46,500 personal injury settlement received before filing.
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‘Fair Ground of Doubt’ Under Taggart Isn’t Shown by Intending to Overturn Precedent
The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
Courts Remain Split on Allowing Credit Counseling on the Same Day but After Filing
Another judge follows statutory language that didn’t achieve the result Congress probably intended.
Judge Romero Explains Why Lenders Can’t Claw Back Retainers Paid by Debtors
The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.
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.
As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says
An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver
Barton Doctrine Didn’t Protect a Special Master from a Preference Suit
Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.
Courts Split on Allowing a Late Claim if the Creditor Was Not Listed
Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).
Educational Loans from a Private Lender Are Held Dischargeable
Courts are split on whether all educational loans are nondischargeable as an educational benefit.
Judge Name - Do not use it.
Kimberley H. Tyson
Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
Judge Name - Do not use it.
Elizabeth E. Brown