District Court Allows 401(k) Contributions in Chapter 13 Up to the IRS Limits
Lower courts split three ways on 401(k) contributions and the calculation of disposable income in chapter 13.
Prefiling Expenses Can’t Be Reimbursed in a Chapter 13 Plan in Western Louisiana
Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.
Fifth Circuit Expands Hawk to Permit Sale of a Home After a Chapter 7 Filing
Selling a home after filing chapter 7 does not destroy the homestead exemption.
Interim Fee Awards in Chapter 13 Are OK Before Conversion
District judge changes local practice in the bankruptcy court on interim awards in chapter 13.
Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.
Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit
Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.
Even ‘False’ Debts Are Discharged
Student loan lender’s argument was ‘preposterous,’ judge says.
No Statute of Limitations for Suing on a Trustee’s Surety Bond
Removing and discharging a trustee are not synonymous, Houston judge rules.
A Future Advance Clause Saved a Loan from Being Unperfected
Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.
Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s
Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.