Rather than invoking the best interests and disposable income tests for plan confirmation, the Eleventh Circuit may have departed from the statute by ruling that the ‘ability to pay’ gives postpetition tort claims to creditors in chapter 13.
Ruling the other way would have barred chapter 13 filings after renewing title loans.
Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
Judge Callaway explains when a debtor keeps insurance proceeds and when it goes to creditors under a chapter 13 plan.
Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.
An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.
There is no implied assumption of an executory employment contract under the Bankruptcy Code.
ICRPs are always a factor in discharging student loans.
As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.