The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.
Courts are divided when an exemption claim collides with the government’s right of setoff.
Local lawyers were also caught up in the maelstrom caused by a ‘nationwide’ firm that skirted bankruptcy law and rules.
Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.
On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.
Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.
Government payments to care for disabled adults go to parents, not creditors, judge rules.
Pro se debtors must be told explicitly of the right to request a hearing.
Exhaustion of state and federal administrative remedies are not the same, judge says.
Automatic stay bars collecting a debt by offsetting a tax refund.