Tax Refund Turnover Isn’t Required When the ‘13’ Plan Pays Creditors in Full
Chapter 13 trustee can’t require a debtor to maintain a ‘safety net,’ Bankruptcy Judge Hillen says.
Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
Limited Partnership Agreement Is an Estate Asset, Not an Executory Contract
Because a limited partner’s obligations were only ‘options,’ the partnership agreement was not an executory contract, Chief Judge Meier says.
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?
Another Court Lets the Debtor Keep Appreciation in a Home on Conversion from 13 to 7
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
No Fees for a Chapter 13 Trustee in a Case Dismissed Before Confirmation
Trustees in chapter 12 fare better than chapter 13 trustees if a case is dismissed before confirmation.
Discharge Revoked for Failure to Obey an Order Pending Appeal
To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.
‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions
Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.
Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations
Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.
District Judge May Have Split with Ninth Circuit BAP on Estate Property
Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.