Despite agreeing that the Tenth Circuit got it wrong, the Solicitor General for the United States filed a brief opposing certiorari in the case of Kinney v. HSBC Bank USA, No. 21-599 (brief filed Aug. 30, 2022). The issue was a simple one: whether the debtor could receive a completion discharge under section 1328(a) when […]
Author Archives: NCBRC
DCS Properly Sought to Collect Child Support after Settlement
August 31, 2022 – 3:26 pm
The Oregon Division of Child Services did not violate the automatic stay or the terms of the confirmation order when it engaged in collection activities where the efforts related to a time not covered by the debtor’s settlement agreement with his ex-wife forgiving all child support payments predating the adoption of their child. In re […]
Debt Based on Breach of Pre-Divorce Stipulation Nondischargeable
August 26, 2022 – 7:49 pm
A debt based on breach of a Stipulated Agreement that was incorporated but not merged into the final Judgment of Divorce was a debt “in connection with” a divorce decree within the meaning of section 523(a)(15) and was therefore nondischargeable in bankruptcy. Monassebian v. Monassebian, No. 21-41251, Adv. Proc. No. 21-1162 (Bankr. E.D.N.Y. Aug. 1, […]
Sorry, Can’t Confirm Plan If You’re Dead
August 23, 2022 – 2:14 pm
A debtor who has shuffled off this mortal coil cannot confirm a chapter 13 plan where he has no ability to fund it with future income and no need for the fresh start offered by bankruptcy discharge. In re Carrasco, No. 21-51420 (Bankr. W.D. Tex. July 19, 2022). In this case, the debtor died after […]
“Special Charges” Not Included in Priority Tax Debt
August 19, 2022 – 5:22 pm
The City of Milwaukee failed to present evidence that the “special charges” on the debtor’s delinquent property tax bill were in the nature of property taxes entitled to priority in the debtor’s chapter 13 plan. In re Peete, No. 21-23863 (Bankr. E.D. Wisc. June 30, 2022). When the debtor filed for bankruptcy, the City of […]
Tenancy by Entirety Not Exempt from IRS Debt
August 17, 2022 – 12:34 pm
The debtor could not exempt property of the estate which he owned as a tenant in the entirety with his non-filing spouse with respect to a debt he owed to the IRS where section 522(b)(3)(B) exempts such property only to the extent it would be exempt under nonbankruptcy law and the Tax Code permits the […]
Silla v. Ghazvini, No. 22-1092 (BAP 9th Cir.)
August 10, 2022 – 3:01 pm
Type: Amicus Date: July 25, 2022 Description: Interest rate on arrears Result: Pending Silla 9th BAP NCBRC amicus July 2022
Numa Corp. v. Diven, No. 22-15298 (9th Cir.)
August 10, 2022 – 2:56 pm
Type: Amicus Date: July 25, 2022 Description: Sanctions for continuation of tribal case despite automatic stay. Result: Judgment affirmed, November 22, 2022. Diven 9th Cir Nov 2022 Diven 9th Cir NCBRC amicus July 2022
Evans v. McCallister, No. 22-35216 (9th Cir.)
August 10, 2022 – 2:53 pm
Type: Amicus Date: July 6, 2022 Description: Whether the bankruptcy court erred in ruling that the Chapter 13 trustee may not retain a fee in a case dismissed prior to confirmation of a plan. Result: Pending Evans 9th Cir NCBRC amicus July 2022
Soussis v. Macco, No. 22-155 (2d Cir.)
August 10, 2022 – 2:50 pm
Type: Amicus Date: April 21, 2022 Description: Whether a Chapter 13 trustee is entitled to an award of the trustee’s statutory fee in a case that is dismissed prior to confirmation of a plan. Result: Pending Soussis Amicus 2d Cir April 2022
