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Consumer Bankruptcy

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.’

6th Circuit

District Judge Rejects the Majority’s ‘Gotcha’ Approach to Automatic Abandonment

Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.

10th Circuit
Utah

Supreme Disappointments: The View from the Top of the Mountain

Sept 2020

Bankruptcy Code
11 U.S.C. § 544
Part VIII. Appeals To District Court Or Bankruptcy Appellate Panel
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Consumer Bankruptcy
Uniform Commercial Code/Article 9

Inside ABI June 2020

June 2020

Topic Tags
Legislation
Consumer Bankruptcy
Business Reorganization

Benchnotes July 2020

July 2020

Bankruptcy Code
1334(b)
11 U.S.C. § 363
11 U.S.C. §§ 101-1532
327
Topic Tags
Asset Sales
Bankruptcy Litigation
Financial Advisors
Consumer Bankruptcy
Discharge/Dischargeability

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.

1st Circuit

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.

10th Circuit
Colorado

Judge Shefferly Confines Viegelahn to Its Facts

If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid.

6th Circuit
Michigan
Michigan Eastern District

Setoff Rights of the IRS Prevail over a Debtor’s Attempt to Exempt a Tax Refund

Fourth Circuit answered a question of first impression where the lower courts disagreed.

4th Circuit

Judge Christopher Klein Takes Sides on a Circuit Spilt Coming to the Supreme Court

Judge Klein’s opinion reads like an amicus brief urging the Supreme Court to grant ‘cert’ and resolve a circuit split by taking sides with the majority on Section 362(c)(3)(A).

9th Circuit
California
California Eastern District
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