Employee barred from suing for race discrimination 
Published: April 9, 2012
Tags: CHAPTER 13, estoppel, race discrimination, Title VII
An employee was judicially estopped from suing for race discrimination because he failed to disclose those claims in his bankruptcy case, the 5th Circuit has ruled in affirming a dismissal.
‘Fee-only’ plan permissible in bankruptcy
Published: March 26, 2012
Tags: attorney fees, CHAPTER 13
A Chapter 13 plan that in essence only ensured the payment of attorney and trustee fees should not have been automatically rejected as having been filed in “bad faith,” the 1st Circuit has ruled in reversing judgment.
Bankruptcy estate doesn’t include inherited IRA
Published: March 15, 2012
Tags: CHAPTER 13, Individual Retirement Account
Chapter 13 debtors could exempt from their bankruptcy estate an individual retirement account inherited from a relative, the 5th Circuit has ruled in affirming judgment.
Debtor understated projected disposable income
Published: March 9, 2012
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13
A Chapter 13 debtor’s projected disposable income should not have been reduced by monthly installment payments that she in fact would not be making, the 4th Circuit has ruled in reversing judgment.
Debtors must use ‘new’ income to repay creditors
Published: February 17, 2012
Tags: CHAPTER 13
Income that becomes available to Chapter 13 debtors after their 401(k) loans are fully repaid must be turned over to the bankruptcy trustee for distribution to unsecured creditors, the 6th has ruled in affirming judgment.
Foreclosing bank can’t set aside bankruptcy stay
Published: February 3, 2012
Tags: automatic stay, CHAPTER 13, foreclosure, mortgage
A bank seeking to proceed with a home foreclosure lacked standing to obtain relief from the automatic stay entered in the homeowner’s bankruptcy case, the 10th Circuit has ruled in reversing judgment.
Bankruptcy case dismissed for flawed credit counseling
Published: December 20, 2011
Tags: CHAPTER 13, credit counseling
A Chapter 13 case could be dismissed because the debtor failed to complete both the Internet and telephone portions of his mandatory prepetition credit counseling, the 6th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
Bankruptcy order on abuse issue can be appealed
Published: December 2, 2011
Tags: CHAPTER 13, Chapter 7
An order denying a U.S. Trustee’s motion to dismiss a debtor’s Chapter 7 bankruptcy case as abusive is a final appealable order, the 4th Circuit has ruled in reversing a denial of a motion to appeal.
Debtors’ right to reduce bankruptcy payments limited
Published: November 4, 2011
Tags: CHAPTER 13, Social Security
Married debtors were not entitled to a drastic reduction in their monthly payment obligations under their confirmed bankruptcy plan when one of them lost a second job, the 8th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
Home lender can recover attorney fees in bankruptcy
Published: October 19, 2011
Tags: attorney fees, CHAPTER 13
A home lender could recover attorney fees incurred in connection with a borrower’s Chapter 13 bankruptcy case, the 5th Circuit has ruled in reversing judgment.
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