Valuation

Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II 1 By Christopher Conte “Bankruptcy courts are courts of equity.” 2 Anyone who has practiced in front of bankruptcy judges for any length of time has undoubtedly heard, or uttered, the above quote

Should Courts Use the Separate-Filings Rule to Allocate Tax Refunds Among Spouses? By James C. Lanik When spouses file a joint chapter 7 petition, two estates are created, 1 although those estates are typically jointly administered. 2 The allocation of joint tax refunds

When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.

Cryptocurrency, Blockchain and Bankruptcy By W. Marc Schwartz, Christopher S. Roberts and Kyung S. Lee When “cryptocurrency” and “bankruptcy” are used in the same sentence, one immediately associates the terms with headlines of potential billion-dollar losses suffered

Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.

Everyone Wants a Piece: Handling Post-Petition Funds in Chapter 13 By Christopher Conte Let’s picture this hypothetical: An individual debtor files a typical chapter 13 case. The debtor is above median in income and shows disposable income on Schedules I and J of $500

The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.

The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.