Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction
Section 1322(c) allows a debtor to cure a mortgage default so long as the foreclosure deed was not recorded before bankruptcy.
Chapter 7 Trustee Is Paid in a Case Converted to Chapter 13
Courts split on allowing compensation to a chapter 7 trustee when the case is converted to chapter 13 before distributions were made.
Penalty for Early Withdrawal from a Retirement Account Is Not a Priority Tax Claim
Two Boston judges agree: The 10% penalty for early withdrawals from a retirement account doesn’t have priority under Section 508(a)(8).
First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation
Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.
Expense Reimbursements Are Included in Calculating Current Monthly Income
Income is included in calculating CMI, even if it’s not ‘stable and regular.’
Filing Date Controls Whether Residential Mortgages Can Be Modified
Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors
Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.
Boston Judge Allows Conversion to Chapter 13 Just to Prevent the Sale of a Home
Converting to chapter 13 to prevent the sale of a home in chapter 7 is not bad faith.
First Circuit Narrowly Defines Fiduciaries Who Are Prohibited Buyers of Estate Assets
First Circuit narrowly applies equitable mootness in a receivership sale.
Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue
Chapter 11 committees achieve standing more readily than chapter 13 debtors.