Sometimes, a Debtor May Claim an Exemption in Fraudulently Transferred Property
The Section 522(g) preclusion of an exemption on fraudulently transferred property only applies if the trustee recovers the property.
BAP Decision Shows How ‘Plain Meaning’ Would Have Given the Wrong Result
An order disallowing a claim didn’t really mean the claim was disallowed.
Private Student Loans Are Discharged Entirely or Not at All, BAP Says
An Internal Revenue Code definition means that the bankruptcy court cannot make part of a private student loan dischargeable and another part nondischargeable.
On Dismissal in ‘13,’ the Debtor Gets a Refund Regardless of a Property Execution
The Supremacy Clause overrides a property execution when a chapter 13 petition is dismissed before confirmation.
If Personal Liability on a Mortgage Was Discharged, Is Confirmation Possible in ‘13’?
When there was a prior discharge of personal liability on a mortgage note, what’s the theory for confirming a plan in a subsequent chapter 13 case?
$12 Million in Gambling Losses Made Taxes Nondischargeable for Five Years
Circuits are split on whether nonpayment of taxes alone establishes the ‘conduct’ requirement making taxes nondischargeable for having evaded payment of taxes.
Fifth Circuit Rules on Judicial Estoppel, an Issue Before the Supreme Court This Term
Supreme Court will decide whether potential motive for nondisclosure invokes judicial estoppel, or whether there must be subjective intent by the debtor to conceal.
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 Chapter 7 Debtor Keeps a Tort Claim Reincarnated After Filing
A tort claim time-barred at filing doesn’t become estate property when the legislature reopens the statute of limitations.