An Inheritance Received More than 180 Days After Filing Is Chapter 13 Estate Property
Majority of courts hold that the temporal limitation on inheritances in Section 541(a)(5) is nullified in chapter 13 by Section 1306(a).
BAP Decision Highlights Procedural Questions Surrounding ‘Personal Injury Tort’ Claims
Even under a narrow test requiring bodily injury, a domestic abuse claim is a ‘personal injury tort claim,’ BAP says.
A Deceased Debtor’s Survivor Can Make Chapter 13 Plan Payments from Her Income
Even though a deceased chapter 13 debtor has no regular income, the plan can still be confirmed.
Unexpected Income Required Modification of a Chapter 13 Plan
Judge Rebecca B. Connelly allowed a debtor couple to retain enough unexpected income to pay deferred maintenance on the debtors’ home.
Proven Fraud Won’t Always Cut Down the Amount of a Homestead Exemption, BAP Says
To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.
The ‘Domestic Violence’ Stay Exception Applies to Sexual Violence Decades Earlier
Bankruptcy Judge Robert Mark held that the Section 362(b)(2)(A)(v) exception to the automatic stay covers more than imminent or ongoing sexual abuse.
Married Immediately Before Bankruptcy, the ‘Household’ Is Two, Not One
Wife who contributed nothing toward household expenses is still counted as part of the ‘household,’ Chicago’s Judge Slade says.
Where, Oh Where, Are the Child-Support Creditors?
Where, Oh Where, Are the Child-Support Creditors? By Hon. Elizabeth Gunn, Stuart Wilson-Patton and William R. Pursell 1 It is axiomatic that bankruptcy law in the U.S. is designed to provide a fresh start to individuals weighed down by unfathomable debt (the honest, but
Chapter 13 Debtors Can’t Sell Co-Owned Property Under Section 363(h)
On a question where the courts are split, Bankruptcy Judge Pamela McAfee sides with the majority and holds that a chapter 13 debtor can’t sell co-owned property.