Automatic Dismissal of a Chapter 13 Case Under Section 521(i)(1) Can’t Be Vacated
Because dismissal under Section 521(i)(1) is automatic and does not result from an order, there’s no rule to vacate dismissal for excusable neglect.
When an Objection Is Required for an Exemption Covering ‘100% of FMV’
Judge Hoffman explains when objections are or aren’t required for exemptions covering ‘100% of FMV’ under the current form 106C.
Bankruptcy Courts Disagree on Paying a ‘7’ Trustee Who Made No Distributions
Courts are split on whether chapter 7 trustees can be paid on another theory when the trustee had made no distributions to creditors under Section 326(a).
A Consensual Judgment Is a Judgment Lien Subject to Avoidance Under Section 522(f)
‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.
Courts Are Split on Including a Nonfiling Spouse’s Social Security Benefits
Judge Beth Buchanan decided that the ‘totality of the circumstances’ test for ‘abuse’ doesn’t permit disregarding the exemption for Social Security benefits.
Another Workaround Following the Prohibition of Nunc Pro Tunc Orders
The Supreme Court hasn’t prohibited paying counsel fees for services rendered before the entry of a retention order, Judge Preston says.
Large Medical Bills Held Not to Be ‘Consumer’ Debts
Courts are split on whether large medical bills are consumer debts that invoke the means test and can bar relief in chapter 7.
Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties
Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.
Trustees Don’t Get a Second Bite at the Abandonment Apple
The debtor, not the trustee, can profit from a secured creditor’s mistakes.
Courts Divided on Contempt Sanctions as Automatically Nondischargeable
Showing intentional violation of court order isn’t enough for nondischargeability.