Exclusions and Exemptions
Almost invariably, a consumer debtor will ask "what do I get to keep?" or "what do I lose?" Unlike dischargeability questions, which arise in relatively few consumer cases, the question of what property the debtor will retain arises in all cases. In perhaps a majority
Avoidance of Transfers of Entireties Property - No Harm No Foul
The doctrine of tenants by the entireties contemplates the ownership of property by the marital union itself ("one flesh") and not by the separate spouses as co-tenants. As a result, the Bankruptcy Code preserves the debtor's right, when only one spouse files a
Chapter 13 Plan Modifications The Next BAPCPA Battleground
Debtors, chapter 13 trustees and courts around the country are wrestling with whether "projected" disposable income is different than disposable income on the B22C form, and whether "applicable commitment period" is a time period or a multiplier under the Bankruptcy
Lien Revival Under Section 349: In re Booth
Consumer creditors were dealt a favorable hand on the issue of lien "revival" or "revesting" in a recent decision authored by Judge Eugene R. Wedoff in In re Booth. 1 The issue presented in Booth is the effect of dismissal of a chapter 13 case in which the secured