Courts Remain Split on Allowing Credit Counseling on the Same Day but After Filing
Another judge follows statutory language that didn’t achieve the result Congress probably intended.
An Exempt Asset Effectively Loses Its Exemption in Chapter 13
Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.
As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says
An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver
Courts Split on Allowing a Late Claim if the Creditor Was Not Listed
Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).
Educational Loans from a Private Lender Are Held Dischargeable
Courts are split on whether all educational loans are nondischargeable as an educational benefit.
Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
Student Loans to Advance a Career Are Classified as Non-Consumer
Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.
All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit
Ability to pay is one factor in imposing sanctions for misconduct.
Broad Statements in Harris Arguably Override Bankruptcy Code Section 1326(a)(2)
Did Justice Ginsburg go too far by holding that nothing in chapter 13 applies on conversion to chapter 7?