Sometimes, a Debtor May Claim an Exemption in Fraudulently Transferred Property
The Section 522(g) preclusion of an exemption on fraudulently transferred property only applies if the trustee recovers the property.
Trustee May Not Liquidate Estate Property Solely to Benefit a DSO Creditor
Affirming Bankruptcy Judge Michael Romero, the district court holds that an exemption remains valid even though the exempt property remains subject to a nondischargeable domestic support obligation.
Child Tax Credits: Are They Fully or Partially Exempt Under State Law?
Tenth Circuit will be deciding whether an entire child tax credit is exempt or only a pro rata portion.
Avoidance of ‘Impairment’ Liens Can’t Be Delayed until Discharge in Chapter 13
If a ‘13’ case is dismissed after confirmation, the holder of an avoided lien retains remedies under state law, Judge Rosania says.
Accumulated, Identifiable Wages Were Held Exempt, Regardless of the Total Amount
Colorado allows the ‘stacking’ of exemptions, given the mandate to interpret exemptions liberally in favor of debtors.
Bankruptcy Doesn’t Automatically Accelerate a Mortgage, State Supreme Court Says
A discharge in bankruptcy by itself does not start the statute of limitations running on a defaulted mortgage, Colorado Supreme Court holds.
Debtor Retains Appreciation in Nonexempt Property Sold During Chapter 13
Judge Rosania answered a question left open by the Tenth Circuit in Barrera.
Judge Brown Finds a Loophole Where Debtors Get Discharges Despite Nondisclosure
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
On a Split, District Judge Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation
District judge in Colorado sides with the majority and doesn’t allow a chapter 13 trustee to be paid if dismissal occurs before plan confirmation.
Personal Injury Settlement Not Included in Calculating Projected Disposable Income
Judge McNamara of Denver allowed chapter 13 debtors to keep all of a $46,500 personal injury settlement received before filing.