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Oct 08, 2019

11th Circuit Holds Trustee's Knowledge of Fraud Before Discharge Does Not Bar Trustee From Later Seeking Revocation of the Discharge

In 2011 the Debtors filed a voluntary chapter 13 bankruptcy which was converted later that year to a chapter 11. Several years later it was converted to a chapter 7 bankruptcy. At the same time of the Debtors conversion, one of Debtor's companies Nattco, ...

Oct 07, 2019

Bankruptcy Court holds a personal injury claim is not "abandoned” if disclosed on the bottom of Schedule I (possible increase of income) but not on Schedule B.

The Debtor was injured in a traffic accident in 2012. Later that year he filed a chapter 7 bankruptcy. He didn't list the personal injury as an asset on Schedule B. Instead he listed it on Schedule I in response to the request to "Describe any increase or...

Oct 04, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

In a chapter 13, should debtor's attorney's fees be paid before commencing repayment to unsecured creditors? (S.D.Ind.) Can a debtor get reimbursed from estate assets for paying off a debt outside of the bankruptcy? (Bankr. N.D.Ohio) In a chapter 7 bankru...

Oct 02, 2019

Bankruptcy Court Allows Deduction of Debtor's Attorney's Fees in Means Test and Surveys Cases Allowing the Deduction.

Prior to filing bankruptcy, the Debtor hired NACBA member Jeffrey B. Kelly of the Law Office of Jeffrey B. Kelly, P.C. out of Rome, Georgia. Mr. Kelly successfully argued this case on behalf of the Debtor. The Debtor agreed to pay Mr. Kelly $4,500.00 for ...

Sep 30, 2019

DIGEST OF CASE LAW UPDATES AND CASE BITES BY CIRCUIT FOR SEPTEMBER 2019

1ST CIRCUIT 1st Circuit BAP Explains The Bankruptcy Rules Concerning Motions to Vacate Judgments In a chapter 13 confirmation context,

Sep 27, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

Are voluntary retirement contributions valid means test deductions in a chapter 13? (E.D.Mich.) Can a debtor claim a homestead exemption for sale proceeds received post-petition that were not reinvested timely? (D.ME.) Does the automatic stay stop a sanct...

Sep 24, 2019

7th Circuit Explains Bankruptcy Court Jurisdiction to Address Tax Claims

Prior to filing bankruptcy, the Debtors were involved in a tax dispute with the IRS. The IRS demanded the Debtors pay $107,000.00 in taxes plus $80,000.00 in fraud penalties for tax years 2009-2011. The Debtors petitioned the Tax Court for review. Shortly...

Sep 20, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

In a student loan dischargeability proceeding, can a Debtor still demonstrate undue hardship if a student loan lender offers an IBRP of $0.00 per month? (Bankr. D.OR.) In a "Chapter 20” scenario, is it bad faith for the Debtor to file the chapter 1...

Sep 16, 2019

Bankruptcy Court Discusses the Four Way Case Law Split of Interpretations of Section 109(g)(2) Affecting the Eligibility to be a Debtor Within Six Months of Voluntary Dismissal

The Debtor and his spouse were indebted to Standard Mortgage Corporation ("SMC”) which was secured by a mortgage on the Debtor's real estate. The Debtor became delinquent on his mortgage payments and SMC instituted a foreclosure. Two days before sal...

Sep 13, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

Does a default judgment entered prior to bankruptcy have preclusive effect in a dischargeability proceeding? (2nd) Can a UCC lien be avoided if it doesn't contain a description of the collateral and instead refers to a description in another document? (7...

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