A Retirement Plan that’s Not ‘Tax-Qualified’ Is Still Excluded from Estate Property
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.
Benchnotes December 2024
Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack 1 Delaware Bankruptcy Court Authorizes “Opt-Out” Nondebtor Third-Party Releases Hon. Craig Goldblatt of the U.S. Bankruptcy Court for the District of Delaware recently considered the standards for
Aggressive Bankruptcy Planning Didn’t Result in the Loss of Discharge
Sixth Circuit held that preferring one creditor with a nondischargeable claim before bankruptcy isn’t intent to hinder, delay or defraud.
Receipt of a Chapter 7 Discharge Doesn’t Preclude Conversion to Chapter 13
Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.
On Conversion to ‘7,’ Admin Expenses in ‘13’ Must Be Paid, Harris Notwithstanding
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.