Consumer Point/Counterpoint

An Involuntary Conversion of an Individual Case to Chapter 11 Violates the Thirteenth Amendment By Brett Weiss Historically, the Bankruptcy Code has not allowed creditors to force individuals to reorganize. A debtor must voluntarily choose to file under chapters 12 and

Conversion Does Not Create Indentured Servitude or Peonage Why Eeyore Would Be Disappointed By Justin Farishon The Thirteenth Amendment to the U.S. Constitution, ratified in 1865, prohibits involuntary servitude in the U.S. and “any place subject to [U.S.] jurisdiction

Should Courts Use the Separate-Filings Rule to Allocate Tax Refunds Among Spouses? By James C. Lanik When spouses file a joint chapter 7 petition, two estates are created, 1 although those estates are typically jointly administered. 2 The allocation of joint tax refunds

The Separate-Filings Rule Is Neither Practical nor Equitable for Debtors or the Estate By Edward Boltz The separate-filings rule is often described as the most technically precise approach to allocating joint tax refunds between spouses in bankruptcy — yet precision is

To Tell or Not to Tell Isn’t Really a Question: A Debtor’s Duty to Disclose By Hon. Elizabeth L. Gunn and Nisha R. Patel 1 The filing of a bankruptcy petition creates an estate comprised of “virtually all the debtor’s assets,” 2 or, more specifically, “all legal or

“What Happens Post-Petition Stays Post-Petition!”: A Debtor Is Not Required to Disclose Assets Acquired Beyond the Subset of § 541(a)(5) Property Within 180 Days of the Petition By David Cox At the outset, it is important to clarify the issue that this article addresses

Good-Faith Conversion Results in Retention of Post-Petition Appreciation By Michelle H. Bass Chapter 7 trustees in the Eighth and Ninth Circuits currently benefit from the holdings in Castleman 1 and Goetz. 2 These opinions permit the recovery and administration of post

In a Chapter 7 Conversion, Where the Debtor Resides Determines Who Keeps an Asset’s Appreciation By Nauni Manty A debtor under a confirmed chapter 13 plan has been making regular plan payments for several months, or perhaps a few years. For some reason or other, the

Lawyer Math, Jointly Owned Property and Judicial Liens, Oh My! Section 522(f) and Co-Owned Property By Hon. Elizabeth L. Gunn 1 and Evanthea Hammer Exemptions are one of the key elements to an individual debtor’s fresh start provided by the Bankruptcy Code. For real