Consumer Bankruptcy

Fourth Circuit Stands Alone in Limiting Chapter 13 Plan Modifications

Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.

Court :

11th Circuit

Tenth Circuit Panel Splits on a Triangular Preference

Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.

Court :

10th Circuit

Sanctions of $150,000 Upheld Against Nationwide Consumer Firm

When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.

Court :

11th Circuit

Monday, August 24, 2020

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Parental Support Isn’t Counted on Discharge of Student Loans, Judge Kendig Says

Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.

Court :

6th Circuit

Ohio

Ohio Northern District

Benchnotes October 2020

Oct 2020

Bankruptcy Code

11 U.S.C. §§ 101-1532

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Executory Contracts/Leases

Fraudulent Transfers

Professional Compensation/Fees

Consumer Bankruptcy

Family/Divorce Issues

Business Reorganization

Covid19

Small Business

Friday, August 21, 2020

Article Tags

Consumer Bankruptcy

Consumer Debt

Covid19

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Detroit District Judge Includes Social Security Benefits in the Chapter 13 ‘Abuse’ Test

Although Social Security benefits are not subject to the “operation of any bankruptcy or insolvency law,” judge says they can be considered in deciding whether someone should be allowed to confirm a chapter 13 plan or have a chapter 7 case dismissed for ‘abuse.’

Court :

6th Circuit

Michigan

Michigan Eastern District