Sixth Circuit Restricts Ability to Surrender Collateral and Modify a Chapter 13 Plan
Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.
Dispositions of Marital Property Aren’t Always Beyond the Avoiding Powers
A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.
Personal Injury Settlement Was Not ‘Income’ Payable to Creditors in Chapter 13
Memphis Bankruptcy Judge Denise Barnett reads the BAPCPA amendments as excluding personal injury settlements from the calculation of ‘projected disposable income.’
As if by Magic, Section 1412 Transforms an Improper Venue into a Proper Venue
A judge sitting in a proper venue may transfer venue to a district that was improper originally.
Sometimes, a Federal Tax Lien Will Never Be Enforceable in Bankruptcy
Congress left a gap in the statute for perfecting a tax lien on personal property against someone who has no ascertainable residence.
‘Reasonable Possibility’ of a Surplus Gives a Debtor Standing in Chapter 7
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
Section 727(a)(3) Isn’t a Catchall Denying Discharge for All Manner of Fraud
Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.
Having Nondischargeable Debts Doesn’t Entitle a Chapter 7 Debtor to Object to Claims
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
Still No Universal Test for Bifurcating an Auto Loan in Chapter 13
Courts are groping to define ‘personal use’ because Congress didn’t.
Tennessee Judge Rules Back Child Support Is Not Estate Property
Courts are split on whether child support arrears are estate property.