Employee could pursue ADA claim despite Chapter 13 bankruptcy 
Published: May 21, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, CHAPTER 13, disability discrimination, standing
An employee did not lose standing to pursue a federal disability discrimination claim by filing for Chapter 13 bankruptcy, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Lien-stripping allowed in ‘Chapter 20’ bankruptcy
Published: May 17, 2013
Tags: "Chapter 20", CHAPTER 13, lien-stripping
The Bankruptcy Abuse Prevention and Consumer Protection Act did not create a per se rule barring lien-stripping in so-called “Chapter 20″ cases, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Chapter 13 plan satisfied ‘good faith’ standard
Published: April 1, 2013
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13
The Bankruptcy Abuse Prevention and Consumer Protection Act prohibited the consideration of debtors’ Social Security income in determining whether their Chapter 13 plan was proposed in good faith, the 9th U.S. Circuit of Appeals has ruled in affirming judgment.
Bankruptcy filings continue to decline
By:
Kimberly Atkins
Published: February 7, 2013
Tags: Administrative Office of the U.S. Courts, bankruptcy filings, Chapter 11, Chapter 12, CHAPTER 13, Chapter 7
WASHINGTON – In a continuation of the downward trend that began in 2011, bankruptcy filings in federal courts declined during calendar year 2012, according to data released by the Administrative Office of the U.S. Courts.
Railroad Act annuity counts as income in bankruptcy
Published: November 19, 2012
Tags: annuity, CHAPTER 13, projected disposable income, Railroad Retirement Act
A Chapter 13 debtor could not exclude a Railroad Retirement Act annuity when calculating his “projected disposable income,” the 9th Circuit has ruled in reversing judgment.
Bankruptcy trustee must return funds upon conversion
Published: November 8, 2012
Tags: CHAPTER 13, Chapter 7
A bankruptcy trustee was required to return funds acquired post-petition upon the conversion of the debtor’s plan from Chapter 13 to Chapter 7, the 3rd Circuit has ruled in affirming judgment.
Social Security benefits aren’t ‘income’ for debtor
Published: November 1, 2012
Tags: CHAPTER 13, disposable income, projected disposable income, Social Security
A couple’s monthly Social Security benefits should not be included in the projected disposable income calculation for their Chapter 13 plan, the 5th Circuit has ruled.
Debtor not required to use Social Security income in repayment plan
Published: October 29, 2012
Tags: CHAPTER 13, Social Security
A Chapter 13 debtor is not required to include Social Security income in the calculation of his projected disposable income, the 10th Circuit has ruled.
Chapter 13 debtors eligible for ‘shorter’ plan
Published: September 6, 2012
Tags: CHAPTER 13, Hamilton v. Lanning
Chapter 13 debtors with no projected disposable income could obtain confirmation of a plan with a commitment period shorter than that generally required under the Bankruptcy Code, the 9th Circuit has ruled in reversing judgment.
Debtor’s kids didn’t count as full ‘household’ members
Published: July 13, 2012
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13
A debtor could not count each of her children and step-children as full members of her “household” when calculating her disposable income under the Bankruptcy Abuse Prevention and Consumer Protection Act, the 4th Circuit has ruled.
