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BAPCPA at 10

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: 
7th Circuit

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Court: 
Supreme Court

Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner

Congress created a loophole in the hanging paragraph in Section 1325(a).
Court: 
4th Circuit›West Virginia›West Virginia Northern District

Fifth Circuit Holds that Chapter 7 Trustees Presumptively Get Statutory Commissions

In the Fifth Circuit, chapter 7 trustees lock in higher compensation.
Court: 
5th Circuit

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Court: 
6th Circuit›Michigan›Michigan Eastern District

Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order

Split decision allows a lender to take property out of an estate automatically.
Court: 
11th Circuit

Inventory Liens Always Prevail over Reclamation Claims, Indianapolis Judge Says

BAPCPA amendments were a mess but cleaned up one issue on reclamation, according to Judge Graham.
Court: 
7th Circuit›Indiana›Indiana Southern District

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