Unexplained Loss of Assets Needn’t Be Substantial to Mean Loss of Discharge, Circuit Says
ABI’s president, Judge Bruce Harwood, is affirmed by the First Circuit.
Middle Ground on the Circuit Split over Dismissal vs. Conversion in Chapter 13
Bankruptcy Judge Michael Fagone permits dismissal of a chapter 13 case, but with a bar to refiling within two years.
On Conversion to ‘7,’ Admin Expenses in ‘13’ Must Be Paid, Harris Notwithstanding
When chapter 13 cases are converted to chapter 7 before confirmation, bankruptcy courts are split on whether the broad language in Harris v. Viegelahn bars chapter 13 trustees from paying administrative expenses incurred before conversion.
Chapter 11 Plan May Impair a Mortgage When the Debtor Is Not Liable on the Debt
A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.
Chapter 13 Debtors Keep Property that Was Unintentionally Undisclosed
Revesting allowed chapter 13 debtors to retain property that was innocently undisclosed.
Circuit Says Retaining Jurisdiction Not Required to Impose Fees Under Section 303(i)
Motions for fees must be made within 14 days of the entry of judgment.
Recoupment of Social Security Benefit Overpayments Is Barred as a Setoff
Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.
College Tuition Made a Debtor Ineligible for Chapter 7
Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.
First Circuit Describes How to Value an Interest in Entireties Property
The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.
First Circuit Writes a Treatise on the Elements of Judicial Estoppel
Disputed facts can defeat invocation of judicial estoppel on summary judgment.