Courts Split on Modifying a ‘13’ Plan to Surrender a Car with the Deficiency Unsecured
Bankruptcy Judge Hunt in Salt Lake City split with the Sixth Circuit, which held that a debtor can’t modify a plan by surrendering a car but must continue paying the auto lender in full.
Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor
In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.
Deceased Chapter 13 Debtor Excused from Taking Financial Management Course
Courts are split on whether the estate of a deceased chapter 13 debtor can receive a discharge if the debtor had not completed a financial management course.
District Judge Rejects the Majority’s ‘Gotcha’ Approach to Automatic Abandonment
Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.
Lack of Familiarity with PACER Is No Excuse for a Late Filing
Filing with PACER should be left to the experts, by which we mean paralegals.
Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah
Copious disclosure required for post-petition payment of fees to be permissible in chapter 7.
Divorcing While Bankrupt Lays Traps for the Unwary
Matrimonial lawyers need bankruptcy and tax advice when the client is insolvent.
Debtor Has Valid Homestead Exemptions Even Without Equity in the Property
Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.