Benchnotes May 2019
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BAPCPA at 10
Benchnotes February 2019
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Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
Court:
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Court:
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Court:
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
Still No Universal Test for Bifurcating an Auto Loan in Chapter 13
Courts are groping to define ‘personal use’ because Congress didn’t.
Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
Court:
Seventh Circuit Allows Anticipated Tax Refunds to Be Offset by Expenses in Chapter 13
On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.
Court:
Bankruptcy Statistics: We Need a New § 159
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