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Bankruptcy Courts Disagree on Paying a ‘7’ Trustee Who Made No Distributions

Courts are split on whether chapter 7 trustees can be paid on another theory when the trustee had made no distributions to creditors under Section 326(a).

Dazed and Confused: Circuit Splits Regarding Retirement Contributions in Chapter 13 Cases

Dazed and Confused: Circuit Split Regarding Retirement Contributions in Chapter 13 Cases By Hon. Paul R. Hage and Kelley M. Donnelly This article examines § 541(b)(7) of the Bankruptcy Code, a provision that has been characterized as “awkward,” a “gordian knot” and

‘Accrual Test’ Again Survives to Say Whether the Debtor or the Estate Owns a Claim

There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.
9th Circuit Nov 22, 2024

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.

Benchnotes January 2025

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo 1 Constitutional Challenge to Chapter 13 Trustee Compensation Scheme Rejected The salaries of chapter 13 trustees are paid by the trustees’ collection of a percentage fee from every plan payment

Giving Debtors Their Fair Shake: What Happens to Nonexempt Equity Increases in Debtors’ Homes in Converted Chapter 7 Cases

Giving Debtors Their Fair Shake: What Happens to Nonexempt Equity Increases in Debtors’ Homes in Converted Chapter 7 Cases By Andrew Bates 1 Following decisions from the Eighth and Ninth Circuits, chapter 13 filers could find themselves in a difficult predicament

4th Circuit Maryland Oct 30, 2024

Barring Use of an Online Payment Platform Was an Automatic Stay Violation

Bankruptcy Judge Michelle Harner decided that a mortgage servicer must allow a chapter 13 debtor’s continued use of an online payment platform.