Chapter 13 debtor can ‘strip off’ unsecured liens 
Published: September 2, 2011
Tags: CHAPTER 13, stripdown
A Chapter 13 debtor could “strip off” wholly unsecured liens on his principal residence, the 8th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
Bankruptcy lawyer fined for ‘unreasonable reliance’
Published: August 31, 2011
Tags: CHAPTER 13, Sanctions
A lawyer could be sanctioned for unreasonably relying on information provided by her client in pursuing creditor claims in a bankruptcy case, the 3rd Circuit has ruled in reversing judgment.
States not liable for violating bankruptcy orders
Published: July 29, 2011
Tags: automatic stay, CHAPTER 13, child support, sovereign immunity
States are not liable for attempting to collect delinquent child support payments in alleged contravention of orders in a father’s bankruptcy case, the 11th Circuit has ruled in reversing contempt sanctions.
Debtor can’t modify IRS claims for unpaid taxes
Published: June 28, 2011
Tags: CHAPTER 13, Internal Revenue Service, IRS
A Chapter 13 debtor could not modify Internal Revenue Service secured claims for overdue tax deficiencies into a long-term debt payable over a period of 15 years, the 5th Circuit has ruled in affirming judgment.
Poverty guidelines posted for waiver of bankruptcy fees
Published: May 19, 2011
Tags: Administrative Office of the U.S. Courts, Bankruptcy Abuse Prevention and Consumer Protection Act, Bankruptcy Code, BAPCPA, CHAPTER 13, Chapter 7, filing fees, Poverty Guidelines
The office overseeing the federal judiciary has posted new poverty guidelines for the waiver of filing fees in certain bankruptcy cases.
Bankruptcy filings up slightly from previous year
Published: May 13, 2011
Tags: Administrative Office of the U.S. Courts, bankruptcy filings, Chapter 11, CHAPTER 13
Bankruptcy filings for the 12-month period ending March 31, 2011 rose slightly when compared to filings for the previous year, according to statistics released by the Administrative Office of the U.S. Courts.
Debtor denied discharge for pre-conversion misconduct
Published: April 15, 2011
Tags: CHAPTER 13, Chapter 7, debtor misconduct
A Chapter 7 debtor could be denied a discharge of debts based on his pre-conversion refusal to obey a Chapter 13 confirmation order, the 10th Circuit has ruled in affirming judgment.
Bankruptcy Act’s ‘income test’ creates split in courts
By:
Correy Stephenson
Published: February 18, 2011
Tags: above-median debtors, Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, CHAPTER 13, National Consumer Law Center, projected disposable income test
It’s been six years since the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, and courts across the country continue to struggle with the application of the “projected disposable income test.”
Bankruptcy repayment plan has minimum duration
By:
Pat Murphy
Published: February 7, 2011
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13
A Chapter 13 bankruptcy plan involving “above median” debtors could not be approved without providing for the payment of unsecured claims for a minimum period of 60 months, the 6th Circuit has ruled.
Bank can be sued for foreclosing by deceptive means
By:
Pat Murphy
Published: February 2, 2011
Tags: CHAPTER 13, foreclosure, promissory estoppel
A bank may be liable for foreclosing on a home after allegedly promising to modify a mortgage in order get the homeowner to forgo the protections of bankruptcy, the California Court of Appeal has ruled in reversing a dismissal.
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