Employer-Paid Health Insurance Is Held to Be Income in Chapter 13
Should the cost of employer-provided health care insurance be considered income for lower-income Americans?
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Two Circuits Now Require Refunds for Overpayment of U.S. Trustee Fees
The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.
Plans Longer than 5 Years Can’t Be Amended Now Because Section 1329(d) Has Expired
A plan longer than five years must revert to a five-year plan now that Congress has allowed Section 1329(d) to expire, Judge Hanan says.
Claiming ‘100% of FMV,' Debtors Keep Postpetition Appreciation in Exempt Assets
Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.
‘Economic Unit Approach’ Best Fixes the Size of a ‘Household,’ Judge Larson Says
The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.
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Bankruptcy Code
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Second Circuit Says Orderly Liquidation Value Is Proper for a Retailer in Chapter 11
The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.