Expense Reimbursements Are Included in Calculating Current Monthly Income
Income is included in calculating CMI, even if it’s not ‘stable and regular.’
‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results
Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.
Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees
Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.
A Fraudulent Transfer Complaint Doubles as an Exemption Objection
To suffice as an objection to exemption, a complaint must be filed within 30 days of the creditors’ meeting.
Three Circuits Approve Extraterritorial Application of a State’s Exemptions
Fourth Circuit avoids a result that would have left some debtors ineligible for any exemptions.
Debtors Benefit When Trust Law Meets Bankruptcy Law
A trust designed to defeat the claims of creditors can sometimes hold up in bankruptcy.