BAP Holds that an IRA from a Marital Property Settlement Is Not Exempt
BAP expands Clark v. Rameker to cover IRAs transferred in a divorce proceeding.
Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay
A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.
Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says
Courts are divided when an exemption claim collides with the government’s right of setoff.
Two Circuits Agree on When Social Security Benefits Accrue
The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.