Debtor’s Counsel Pays Lender’s Attorneys’ Fees for Filing Plan with 0% Interest
Bankruptcy Judge Hagan halted the practice of a chapter 13 debtor’s counsel who always filed plans with 0% interest for secured creditors.
Till Interpreted to Mean that the T Bill Rate Plus 1.5% Was Proper for Cramdown
Bankruptcy Judge Hagan explains why Till doesn’t necessarily require starting with the prime rate in cramming down a secured creditor in chapter 13.
A Deceased Debtor’s Survivor Can Make Chapter 13 Plan Payments from Her Income
Even though a deceased chapter 13 debtor has no regular income, the plan can still be confirmed.
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.’
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.
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.