Filing in a State Doesn’t Always Require Claiming Exemptions Under that State’s Laws
The Ninth Circuit BAP explained that debtors may claim exemptions under the law of the state where they are domiciled, which may not be where they filed or reside.
Detroit District Judge Includes Social Security Benefits in the Chapter 13 ‘Abuse’ Test
Although Social Security benefits are not subject to the “operation of any bankruptcy or insolvency law,” judge says they can be considered in deciding whether someone should be allowed to confirm a chapter 13 plan or have a chapter 7 case dismissed for ‘abuse.’
BAP Didn’t See Barnhill as Prescribing the Date of Transfer from a Retirement Account
The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.
An Exempt Asset Effectively Loses Its Exemption in Chapter 13
Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.