Means Test Applies in a Chapter 7 Case Converted from Chapter 13, Circuit Rules
Eleventh Circuit relies on the ‘evolution’ of Section 707(b) to proscribe an evasion of the means test.
Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns
Circuit split widens on an issue the Supreme Court has been ducking.
Courts Split on Allowing Credit Counseling on the Same Day but After Filing
Judge follows statutory language that didn’t achieve the result Congress intended.
Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days
Community property homestead rights are lost if only one spouse files bankruptcy.
Most Courts Still Refusing to Discharge Taxes from Late-Filed Returns
Novel theory fails to persuade Boston judge to discharge taxes from late-filed returns.
Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender
Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Try garnishment, not contempt, to collect support from a chapter 13 debtor.
Chapter 13 Confirmation Bars Garnishment to Pay Child Support
BAPCPA didn’t end all restraints on the collection of child support, Eleventh Circuit holds.