Consumer Bankruptcy

Lawyer Math, Jointly Owned Property and Judicial Liens, Oh My! Section 522(f) and Co-Owned Property

Lawyer Math, Jointly Owned Property and Judicial Liens, Oh My! Section 522(f) and Co-Owned Property By Hon. Elizabeth L. Gunn 1 and Evanthea Hammer Exemptions are one of the key elements to an individual debtor’s fresh start provided by the Bankruptcy Code. For real

10th Circuit Colorado Sep 3, 2024

Child Tax Credits: Are They Fully or Partially Exempt Under State Law?

Tenth Circuit will be deciding whether an entire child tax credit is exempt or only a pro rata portion.
4th Circuit Maryland Oct 15, 2024

Trustees’ Commissions Are Based on Distributions Made to Co-Owners of Property Sold

Bankruptcy courts are divided on whether the calculation of a trustee’s commissions includes distributions made to co-owners of property that the trustee has sold.

Two Courts Rule on Chapter 7 Debtors’ Standing for Objections to Sales and Claims

Virginia’s Judge Keith Phillips sides with courts that bar lenders from cutting deals with trustees to eliminate debtors’ homestead exemptions.
3rd Circuit Oct 1, 2024

Third Circuit Has a Broad View of ‘Related To’ Jurisdiction After Plan Confirmation

A post-confirmation lawsuit to generate funds to pay a chapter 13 plan establishes ‘related to’ jurisdiction for noncore claims.