Bankruptcy Judges Agree: Later Developments Don’t Undo Subchapter V Eligibility
The $7.5 million debt cap for Subchapter V doesn’t include the debt of affiliates who file later.
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A Lawsuit to Collect a ‘DSO’ Runs the Risk of Violating the Automatic Stay
Although collecting a ‘DSO’ from non-estate property is permitted by Section 362(b)(2)(B), a district judge says that an in personam suit against the debtor can violate the automatic stay.
Stay Violator Held Liable for Debtor’s Attorneys’ Fees Incurred to Collect Damages
When a stay violator refused to reimburse debtor’s counsel for fees to stop the stay violation, Judge Rebecca Connelly awarded attorneys’ fees for time spent to collect attorneys’ fees.
Refunds by Creditors After Chapter 13 Discharge Go to Creditors, Not the Debtor
The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.
Judge Name - Do not use it.
Rebecca B. Connelly
Disability-Care Payments Are Excluded from Calculation of ‘Disposable Income’
Government payments to care for disabled adults go to parents, not creditors, judge rules.
Judge Name - Do not use it.
Rebecca B. Connelly