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5th Circuit

Exempt Assets Aren’t Always Exempt in Chapter 13

Courts are split on including some exempt assets into the calculation of disposable income.

IRA Sold After Filing Loses Its Exemption in Chapter 7, Not Just Chapter 13

Fifth Circuit rule effectively precludes selling exempt property until the case is closed, if not later.

Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds

A ‘no harm, no foul’ stay violation is harmless error.

Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds

Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

Houston judge doesn’t excuse delay in identifying John Doe defendants.

Lump-Sum Child Support Claim Disallowed when Debtor Was Current

‘Relationship test’ bolsters Texas judge in disallowing claim for child support.

After Chapter 13 Dismissal, Counsel Fees Aren’t Paid

Harris v. Viegelahn extended from chapter 13 conversions to dismissals.

Why a Secured Creditor’s Deficiency Wasn’t Treated as an Unsecured Claim

Post-discharge default didn’t entitle a lender to treatment as an unsecured creditor.

Violation of Professional Ethics Resulted in a Nondischargeable Debt

Two ethical lapses resulted in a nondischargeable debt.