Seven-Year Chapter 13 Stretchout Isn’t Available for Plans Confirmed After March 27 Two judges agree that the CARES Act amendment allowing chapter 13 plans to run for seven years is applicable only to plans confirmed before March 27. Read more about Seven-Year Chapter 13 Stretchout Isn’t Available for Plans Confirmed After March 27
Judge Shefferly Confines Viegelahn to Its Facts If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid. Read more about Judge Shefferly Confines Viegelahn to Its Facts
HAVEN Act May Be Employed to Reduce Payments Under a Confirmed Chapter 13 Plan Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment. Read more about HAVEN Act May Be Employed to Reduce Payments Under a Confirmed Chapter 13 Plan
Courts Deeply Split on Social Security Benefits in the Chapter 13 ‘Abuse’ Test Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith. Read more about Courts Deeply Split on Social Security Benefits in the Chapter 13 ‘Abuse’ Test
Sixth Circuit Might Rule on Deductions for Contributions to Retirement Accounts Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’ Read more about Sixth Circuit Might Rule on Deductions for Contributions to Retirement Accounts
Insurance Policy Excluding Coverage for Causing Bankruptcy Is Unenforceable A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says. Judge Name - Do not use it. Mark A. Goldsmith Read more about Insurance Policy Excluding Coverage for Causing Bankruptcy Is Unenforceable
Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do. Judge Name - Do not use it. George Caram Steeh Read more about Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years
Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay. Judge Name - Do not use it. Thomas J. Tucker Read more about Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception
A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says. Judge Name - Do not use it. Matthew F. Leitman Read more about A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury
Sovereign Immunity Fully Insulates a Tribe from Lawsuits Sovereign immunity protects a tribe even after successful veil piercing. Judge Name - Do not use it. Paul D. Borman Read more about Sovereign Immunity Fully Insulates a Tribe from Lawsuits