9th Circuit Oregon Oct 21, 2024

A Chapter 13 Plan Amended Today Cannot Have an 84-Month Duration

Quick Take The expiration of Section 1329(d) in March 2022 means that 84-month chapter 13 plans amended now must revert to 60-month plans.
Plan Confirmation Consumer Bankruptcy
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Oct 30, 2024

Genetic Testing Company 23AndMe Expected To Declare Bankruptcy

bankruptcy
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Oct 30, 2024

Genetic Testing Company 23AndMe Expected To Declare Bankruptcy

Technology
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3rd Circuit Oct 24, 2024

A Retirement Plan that’s Not ‘Tax-Qualified’ Is Still Excluded from Estate Property

Quick Take 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.
Consumer Bankruptcy
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6th Circuit Oct 23, 2024

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

Quick Take Sixth Circuit held that preferring one creditor with a nondischargeable claim before bankruptcy isn’t intent to hinder, delay or defraud.
Consumer Bankruptcy Discharge/Dischargeability
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8th Circuit Missouri Missouri Eastern District Sep 4, 2024

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

Quick Take Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.
Asset Sales Plan Confirmation Consumer Bankruptcy
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1st Circuit Puerto Rico Oct 15, 2024

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

Quick Take 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.
Administrative Expense Claims Plan Confirmation Consumer Bankruptcy
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