While criminal proceedings are not stayed by the bankruptcy automatic stay, when a creditor files criminal charges simply in an attempt to collect a debt, they may face the wrath of the bankruptcy judge. This was the case in In re Kimbler, 2020 Bankr. LEXIS 1853, Case no 19-04165-5-DMW (Bankr. E.D. N.C.
In Bentley v. OneMain Fin. Grp. LLC, 2020 Bankr. LEXIS 1837, Case No 19-8026 (6th Cir.
The Bankruptcy Court for the Southern District of New York had the opportunity to rule on the availability of sanctions for a discharge violation regarding collection of discharged taxes against both the IRS and a contractor for the IRS in In re Starling, 2020 Bankr. LEXIS 1627, Case No 13-36564 (CGM), (Bankr.
While the general rule in chapter 13 per 11 U.S.C. 1322(b)(2) is that the debtor cannot modify the mortgage on a debt secured by the debtor's principal residence (the debtor can cure and reinstate, but not change the terms of the mortgage); an exception to this rule comes into play when the final payment due on such mortgage comes due prior to the final payment due on the chapter 13 plan. This was the case in In re Collier-Abbott, 2020 Bankr. LEXIS 1402, Case No. 19-21310-E 13 (Bankr. E.D. Cal., 27 May 2020).
In reversing a bankruptcy court decision, the 1st Circuit BAP found that a $18,000 uncashed check for a loan from the Debtor's 401k was property of the estate, and was not exempt. Ostrander v. Brown (In re Brown), 2020 Bankr.
A survey of cases in which waiver of the credit counseling requirement was sought was listed in In re Grantham, 2020 Bankr. LEXIS 1228, Case No. 6:20-bk-11740-WJ (Bankr. C.D.
In In re Walker, 2020 Bankr. LEXIS 890, Case No. 3:19-bk-33182-SHB (Bankr. E.D. Tenn, 2 April 2020) the court was faced with a good faith objection to confirmation based on conduct in a prior divorce case. A detailed factual background is necessary to understand the Court's ruling.
In a case study of what not to do in filing chapter 13 cases, the attorney for the Debtor in In re Chapman, 2020 Bankr. LEXIS 642, Case No. 19-26731-beh, (Bankr. E.D. Wis. 11 March 2020) was sanctioned under Rule 9011 for a portion of the fees incurred by the secured creditor. A Holly Olm called the law office leaving a message seeking to file a chapter 13 case. An appointment was scheduled the same day at which she disclosed that the case was actually for her mother, and that a foreclosure sale was scheduled for the next day regarding her mother's home. Ms.
On 23 August 2019 the HAVEN Act was enacted, which among other things, treats VA disability payments similar to social security payments, excluding them from the means test. The issue coming before the Court in In re Gresham, 2020 Bankr. LEXIS 627, Case No 18-56289 (Bankr. E.D. Mich. 10 March 2020) was whether such change in the law applied to pending chapter 13 cases.