Creating a Circuit Split, Ninth Circuit Allows Retirement Contributions in Chapter 13
The Ninth Circuit split with the Sixth Circuit in the interpretation of the ‘hanging paragraph’ in Section 541(b)(7). Courts are divided four ways on whether or how much a ‘13’ debtor may contribute to voluntary retirement plans after filing.
The HAVEN Act Goes to Kindergarten: Lessons and Opportunities Five Years In
The HAVEN Act Goes to Kindergarten:Lessons and Opportunities Five Years In By Katherine Everett Iskin On Aug. 23, 2019, Public Law No. 116-52, 133 Stat. 1076, titled “Honoring American Veterans in Extreme Need” (HAVEN) Act, became law. Its legislative history reflects
Releasing a Lien Under Section 1325(a)(5)(B) Is Different When There Are Co-Debtors
Despite Section 1325(a)(5)(B), an auto lender was entitled to retain a lien when there were co-debtors.
A Chapter 13 Plan Amended Today Cannot Have an 84-Month Duration
The expiration of Section 1329(d) in March 2022 means that 84-month chapter 13 plans amended now must revert to 60-month plans.