Parental Support Isn’t Counted on Discharge of Student Loans, Judge Kendig Says
Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.
Detroit District Judge Includes Social Security Benefits in the Chapter 13 ‘Abuse’ Test
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.’
Seven-Year Chapter 13 Stretchout Isn’t Available for Plans Confirmed After March 27
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.
Sixth Circuit Broadly Interprets Section 959(b) to Cover State Pension Plans
A split panel on the Sixth Circuit held that Section 959(b) barred the debtor from halting participation in a state employees’ pension plan.
Court:
Another Workaround Following the Prohibition of Nunc Pro Tunc Orders
The Supreme Court hasn’t prohibited paying counsel fees for services rendered before the entry of a retention order, Judge Preston says.
Sixth Circuit Allows Chapter 13 Debtors to Continue Retirement Plan Contributions
Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’
Court:
Judge Shefferly Confines Viegelahn to Its Facts
If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid.
‘Snapshot’ Rule for Valuation Doesn’t Apply to Compelling Abandonment, Circuit Says
Equity in property at the time of a hearing, not at filing, decides whether the court should compel abandonment, Sixth Circuit says.
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HAVEN Act May Be Employed to Reduce Payments Under a Confirmed Chapter 13 Plan
Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment.
Bankruptcy Discharge Cuts Off Future Liability on a Guaranty
Courts are split on whether a personal guaranty survives bankruptcy.
Court: