Click to search again.
Page 9 of 135
Non-Debtor Spouse Transfers Interest to Debtor Post-Discharge
The debtor’s adversary complaint stated a claim under sections 522 and 524 against a creditor who pursued state court action to avoid the transfer of community property from the non-debtor spouse to the debtor after the debtor had obtained discharge of the creditor’s claim. Rhodes v. Pecanland Village Shopping Center, LLC., No. 19-31559, Adv. Proc. […]
Tags: bankruptcy, transfer avoidance
January 5, 2023
Removal of Trust Contingency Benefits Estate
Removal of a contingency in a Trust did not create a new asset such that the resulting increase in value to the debtor/beneficiary would be considered a post-petition asset. In re Wright, No. 19-21544 (Bankr. D. Kans. Dec. 7, 2022). The Wrights filed for chapter 13 bankruptcy with unsecured debts totaling $14,196.53. They confirmed a […]
Tags: bankruptcy, Plan modification, Property of Estate
January 2, 2023
IRA Withdrawals Create Regular Income for 109(e) Purposes
The debtor had “income” for purposes of eligibility to be a chapter 13 debtor where he intended to use regular withdrawals from his IRA to fund his plan. In re Frysinger, No. 20-31202 (Bankr. D. Ore. Dec. 21, 2022). The debtor created a plan which he proposed to fund through: 1) holdings in bank account […]
Tags: 109(e), bankruptcy
December 30, 2022
Wells Fargo and False Loan Forbearance Class Action
The court denied a motion to dismiss the debtors’ class action adversary complaint against Wells Fargo based on Wells Fargo’s inaccurate notices to various bankruptcy courts that the debtors’ loans had been placed in COVID forbearance at the debtors’ request. Harlow v. Wells Fargo & Co., No. 17-71487, Adv. Proc. No. 20-7028 (Bankr. W.D. Dec. […]
Tags: automatic stay, bankruptcy, motion to dismiss, Sanctions
December 20, 2022
Unemployment Overpayment Not a Priority Tax Debt
Kentucky’s Office of Unemployment Insurance’s claim for an overpayment of unemployment compensation benefits was not entitled to priority in the debtor’s chapter 13 case where the nature of the claim was better characterized as a “penalty” than a “tax.” In re Clardy, No. 22-30089 (Bankr. W.D. Ky. Dec. 1, 2022).
Tags: bankruptcy, priority of claims
December 13, 2022
Who Would Win in a Fight, Allowed Claim or Confirmed Plan?
The winner? Confirmed plan. Where the mortgagee had notice and opportunity to object to confirmation of the debtor’s Chapter 13 plan providing for mortgage arrears in the amount of approximately half the mortgagee’s allowed proof of claim, the mortgagee could not be heard, at the debtors’ successful completion of their plan, to complain that the […]
Tags: bankruptcy, dischargeability, Plan confirmation, Proof of Claim
December 9, 2022
Post-Petition Fee Agreement a No-Go
A fee agreement that purports to attach an attorney’s lien on the debtor’s as exempt personal property is unenforceable under section 526(a) where state law allows such liens only on non-exempt property or on exempt personal property for specified exceptions, not including attorney’s fees. In re Turner, No. 22-41570 (Bankr. D. Minn. Dec. 2, 2022).
Tags: Attorney Fees, bankruptcy, Exemptions
December 7, 2022
First Circuit Dodges Late-Filed Tax Return Issues
Faced with the question of whether the debtor’s tax debt based on a late-filed tax return was excepted from discharge, the circuit declined to reexamine its holding in Fahey where it applied the strict “one day late” rule, found the debtor waived his argument in support of an objective test that does not consider timing […]
Tags: bankruptcy, dischargeability, Tax Returns
December 2, 2022
Page 9 of 135