Bankruptcy assets increased when 401(k) loan repaid 
By:
Pat Murphy
Published: September 15, 2010
Tags: 401(k), 401(k) loans, Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, CHAPTER 13, post-petition income, unsecured creditors
Creditors are entitled to the benefits derived from a Chapter 13 debtor’s repayment of a loan from her 401(k) plan, the 6th Circuit Bankruptcy Appellate Panel has ruled.
Separated spouses’ income combined in bankruptcy
By:
Pat Murphy
Published: September 7, 2010
Tags: applicable commitment period, CHAPTER 13, unsecured creditors
Spouses who filed a joint bankruptcy petition while separated must combine their incomes for the purpose of determining the “applicable commitment period” for repaying creditors, the 8th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
Bankruptcy protects sale of tenancy in common
By:
Pat Murphy
Published: September 7, 2010
Tags: Chapter 11, tenancy in common, unsecured creditors
The Bankruptcy Code’s “statutory mootness” provision protects the finality of a sale of property held by debtors as tenants in common with non-debtors, the 6th Circuit has ruled in affirming a dismissal.
Debtor must pay creditors or remain in bankruptcy
By:
Pat Murphy
Published: July 20, 2010
Tags: above-median income, Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13, unsecured creditors
An “above median” debtor could not obtain confirmation of a Chapter 13 bankruptcy plan lasting less than five years, the 11th Circuit has ruled in reversing judgment.
Supreme Court hears bankruptcy debt case
By:
Kimberly Atkins
Published: March 22, 2010
Tags: CHAPTER 13, projected disposable income, unsecured creditors
WASHINGTON – The U.S. Supreme Court is set to decide how some bankruptcy payment plans are calculated.
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