Aggressive Bankruptcy Planning Results in Loss of Discharge
An election for having a tax refund applied to the following year’s taxes can result in the loss of discharge.
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It’s Virtually Impossible to Waive Discharge as an Affirmative Defense, Judge Tucker Says
Waiting four years to raise discharge as a defense does not invoke equitable estoppel or laches.
Seven-Year Chapter 13 Stretchout Isn’t Available for Plans Confirmed After March 27
Two judges agree that the CARES Act amendment allowing chapter 13 plans to run for seven years is applicable only to plans confirmed before March 27.
Courts Deeply Split on Social Security Benefits in the Chapter 13 ‘Abuse’ Test
Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith.
Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception
Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.
Judge Name - Do not use it.
Thomas J. Tucker
Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment
Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.
Judge Name - Do not use it.
Thomas J. Tucker
Paying for a Car in Full and Having Exclusive Possession Don’t Result in Ownership
Strict adherence to Michigan law required for ownership of an automobile.
Judge Name - Do not use it.
Thomas J. Tucker
Unpaid Filing Fees Are Nondischargeable Debts in Detroit
Bankruptcy judges can be the government’s best collection agents.
Judge Name - Do not use it.
Thomas J. Tucker