Judge Shefferly Confines Viegelahn to Its Facts
If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid.
HAVEN Act May Be Employed to Reduce Payments Under a Confirmed Chapter 13 Plan
Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment.
Courts Deeply Split on Social Security Benefits in the Chapter 13 ‘Abuse’ Test
Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith.
Sixth Circuit Might Rule on Deductions for Contributions to Retirement Accounts
Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’
Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years
Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury
A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
“Substantial Contribution” Claim Allowed in Chapter 13
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.
Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment
Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.
Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property
District judge refuses to give automatic stay protection to a tax evader.