Consumer Bankruptcy

Declining to create a circuit split, Third Circuit Judge Thomas Ambro held that a retirement plan structured according to ERISA is excluded from estate property even if transactions by the trust violated ERISA or IRS Code regulations.

Court :

3rd Circuit

Benchnotes December 2024

Bankruptcy Code

Topic Tags

Aggressive Bankruptcy Planning Didn’t Result in the Loss of Discharge

Sixth Circuit held that preferring one creditor with a nondischargeable claim before bankruptcy isn’t intent to hinder, delay or defraud.

Court :

6th Circuit

Receipt of a Chapter 7 Discharge Doesn’t Preclude Conversion to Chapter 13

Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.

Court :

8th Circuit

Missouri

Missouri Eastern District

On Conversion to ‘7,’ Admin Expenses in ‘13’ Must Be Paid, Harris Notwithstanding

When chapter 13 cases are converted to chapter 7 before confirmation, bankruptcy courts are split on whether the broad language in Harris v. Viegelahn bars chapter 13 trustees from paying administrative expenses incurred before conversion.

Court :

1st Circuit

Puerto Rico

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