Pamela W. McAfee

Proceeds from Sales of Cryptocurrencies Held to Be ‘Income’ for CMI Analysis

North Carolina’s Judge McAfee distinguishes between sales of personal assets and sales of investment assets in deciding whether proceeds are derived from ‘income’ and must be included in the current monthly income analysis.

Homestead Exemption Applied to a Home Abroad Where the Debtor Didn’t Live

The homestead exemption was valid because the debtor’s dependents lived in the home abroad as their principal residence.

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.