Fourth Circuit Rules Emphatically that Taggart Applies to All Contempt in Bankruptcy
Reliance on advice of counsel is not a complete defense to contempt citations.
The Concept of Bifurcated Fee Agreements Approved on Appeal in South Carolina
Reversing the bankruptcy court, the district court decided that a local rule did not bar bifurcated fee arrangements altogether.
Interest Not Required on 100% ‘13’ Plans that Don’t Commit All Disposable Income
Treaties disagree on whether interest is required in 100% chapter 13 plans when the debtor is not devoting all disposable income to the plan.
Bad Faith Permits Dismissal of a Chapter 13 Case with Conditions, Judge Waites Says
Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.
NC Appellate Court Rules Plans Must Be Unambiguous to Hold a Creditor in Civil Contempt, Citing Taggart
After Taggart v. Lorenzen, plans, orders and injunctions must be highly specific to hold an offending creditor in contempt.
Maryland Decision Shows the Hardship Imposed on Debtors by Student Loans
Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.
Unlike IRAs, Debtors Keep Inherited 401(k)s Because They Aren’t Estate Property
Exemptions never come into play with inherited 401(k)s because they aren’t estate property in the first place, Judge Hodges explains.
Arbitration Clause Results in Temporary Stay of ‘Core’ Proceedings in Bankruptcy Court
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
Chapter 13 Debtor May (Sometimes) Contribute to Retirement Plans
A chapter 13 debtor was permitted to make a fraction of the pension contributions permitted by the IRS Code.
Fourth Circuit Seems to Give the Government a Pass for Violating the Stay
Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.