December 14, 2020
Even though received within 180 days of filing, a distribution from an IRA to a death beneficiary does not become estate property.
October 23, 2020
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
September 25, 2020
Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.
September 17, 2020
Detroit’s Judge Randon holds that a chapter 13 plan’s five-year duration begins to run from the first payment, not from confirmation.
August 21, 2020
Although Social Security benefits are not subject to the “operation of any bankruptcy or insolvency law,” judge says they can be considered in deciding whether someone should be allowed to confirm a chapter 13 plan or have a chapter 7 case dismissed for ‘abuse.’
August 6, 2020
Two judges agree that the CARES Act amendment allowing chapter 13 plans to run for seven years is applicable only to plans confirmed before March 27.
May 21, 2020
If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid.
March 12, 2020
Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment.
February 3, 2020
Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith.
September 25, 2019
Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’