Claiming ‘100% of FMV,' Debtors Keep Postpetition Appreciation in Exempt Assets
Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.
Harris Expanded to Bar Paying Debtor’s Counsel After Conversion from ‘13’
Harris v. Viegelahn bars any payment by a chapter 13 trustee after conversion, not just payments to creditors, Judge LaShonda Hunt says.
Ethics and Our Personal Health: Where Worlds Collide
Ethics and Our Personal Health: Where Worlds Collide By Laura Day DelCotto In this profession, words matter. Our ethics rules remind us repeatedly of our obligations around civility and professionalism, including our need to encourage public support and confidence in
Courts Split on Whether Bankruptcy Discharges Future Liability on a Guarantee
Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.
‘Economic Unit Approach’ Best Fixes the Size of a ‘Household,’ Judge Larson Says
The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.
Even if Ineligible for Chapter 13, the Debtor Still Has an Absolute Right to Dismiss
The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.
Sixth Circuit Holds that Tax Foreclosure Violates the Takings Clause of the Constitution
If tax foreclosures violate the Takings Clause, it stands to reason that they are also fraudulent transfers.
Exceptions for Discharge Under Chapter 7
Exceptions for Discharge Under Chapter 7 By Jessica M. Kincaid and Jonathan S. Hawkins Debtors who file for chapter 7 are normally entitled to a discharge of unsecured debts. Certain debts may not be discharged, however, including any debt “for willful and malicious