Segal v. Rochelle May Remain Good Law Only in Limited Circumstances
The elaborate definition of ‘estate property’ in Section 541(a) may have superseded the 1966 ‘sufficiently rooted’ analysis in Segal.
Assets Purchased with Exempt Social Security Benefits Are Not Themselves Exempt
Two judges in Georgia say that personal property is not exempt even if the purchase was traceable to Social Security benefits.
Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments
Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.
Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay
A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Try garnishment, not contempt, to collect support from a chapter 13 debtor.
An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt
Georgia district judge confronts creditors who file claims based on stale debts.