Ninth Circuit Splits on Avoiding and Preserving a Lien on Exempt Property
The Ninth Circuit dissenter interpreted the statute to mean that the debtor must pay a tax lien twice if the lien was avoided and preserved.
Chapter 7 Estate Takes Post-Petition Appreciation on Conversion from Chapter 13
Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.
Placing Title Jointly with a Spouse May Be Avoidable if the Spouse Gave No Consideration
In South Carolina, taking title to property jointly with a spouse can be an avoidable gift under the Statute of Elizabeth.
Avoiding a Judgment Lien that Impairs an Exemption Is Theoretical, Ninth Circuit Says
When avoiding a judgment lien under Section 522(f), state law cannot dictate that the amount of the exemption is the amount in effect when the lien was created.
The Consumer Bankruptcy Reform Act: A Transformation of the Law
The Consumer Bankruptcy Reform Act: A Transformation of the Law By Mahlon J. Mowrer The 117th Congress is in its twilight, and the 118th Congress will mire in the narrow partisan majorities splitting its chambers and the inevitable political divides leading into the
Benchnotes January 2023
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Failure to Timely Object to Debtors’ Claim of Exemption in “100 Percent of FMV” of Property Removes the Property from the Estate In In re Masingale, 1 the U.S. Bankruptcy Appellate Panel (BAP) of
Employer-Paid Health Insurance Is Held to Be Income in Chapter 13
Should the cost of employer-provided health care insurance be considered income for lower-income Americans?