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.
Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment.
Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith.
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’
A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.
Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.
Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.