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Consumer Bankruptcy

A Future Advance Clause Saved a Loan from Being Unperfected

Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.

5th Circuit
Texas
Texas Western District

Disposable Income Does Not Include Voluntary Retirement Plan Contributions

A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.

11th Circuit
Florida
Florida Southern District

Unclaimed Distributions Go to the Treasury, Not to Other Creditors, Judge Says

Tennessee judge changes a practice established in 1995 regarding unclaimed distributions.

6th Circuit
Tennessee
Tennessee Middle District

Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account

Fourth Circuit splits with the Ninth and Tenth on ‘what is a transfer?’

Supreme Court

Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors

Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.

D.C. Circuit
District of Columbia
Thursday, October 5, 2017
Article Tags
Court Administration
Consumer Bankruptcy
Consumer Debt
Mortgage
Finance and Banking
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Thursday, October 5, 2017
Article Tags
Consumer Bankruptcy
Family/Divorce Issues
Mortgage
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No Statutory Fees for Standing Chapter 13 Trustees if Dismissal Precedes Confirmation

With no circuit authority, lower courts are split on the fate of standing trustees’ fees when a chapter 13 case is dismissed before confirmation.

Wednesday, October 4, 2017
Article Tags
Consumer Bankruptcy
Business Reorganization
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Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s

Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.

5th Circuit
Louisiana
Louisiana Western District
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