Another Circuit Says Creditors Take Appreciation When a ‘13’ Case Converts to ‘7’
The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.
Bankruptcy Is No Get-Out-of-Jail-Free Card for a Disobedient Debtor
When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?
Everyone Wants a Piece: Handling Post-Petition Funds in Chapter 13
Everyone Wants a Piece: Handling Post-Petition Funds in Chapter 13 By Christopher Conte Let’s picture this hypothetical: An individual debtor files a typical chapter 13 case. The debtor is above median in income and shows disposable income on Schedules I and J of $500
Alabama Judge Gives a Mixed Message on Who Gets Postpetition P.I. Settlements
District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.
When Inherited Property Becomes Property of the Debtor’s Bankruptcy Estate
Being an heir by itself doesn’t bring a decedent’s estate into the heir’s bankruptcy estate.