Bankruptcy: A Disruption in the Force – PART 2 of 2

By Cathleen Cooper Moran, Moran Law Group, Mountain View, CA

click here for Part 1

(continued)

III. Exemptions

The debtor’s ability to remove property from the bankruptcy estate with the use of exemptions is the third statutory force that impacts spouses and ex-spouses.

While (nearly) everything the debtor has comes into the estate, some part of those assets exit the estate by the operation of exemptions. §522. Exemptions define the quantum of value in assets that is beyond the reach of the . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

November 15, 2020
Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix A Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The proposed rules and Committee notes are set forth below, with changes indicated by striking through deleted text and underlining new text. Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief...
Members
William-1_print_2019
“We have observed consumers who seem to be focused principally on their credit scores, . . . rather than focusing on . . . a more critical immediate focus on their balance sheets . . .”
Members
September 15, 2019
By The Honorable William Houston Brown (Retired) Chapter 13 debtor had no authority under § 544. Discussing the split of authority, the Court adopted the majority view that the Code gives § 544 avoidance authority exclusively to the trustee, and the Chapter 13 debtor could not use that power to avoid a mortgage lien. In re Dobbs, _________B.R._________, 2019 WL...
Members
NBR cropped 2
April 14, 2024
Ms. Ps & Qs on ‘Wet Signatures’ – Yep, they are important and nope, you can’t blame others for your mistakes.
Members
Jeffrey-Fraser
August 13, 2023
In this brief synopsis, Fraser compares Lac du Flambeauto a case from the Middle District Court of North Carolina and its connection to the automatic stay.
Members
June 23, 2019
By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) Let’s take the following set of facts and see how it plays out in the labyrinthian world of hardship discharge of student loan debt. The case is In re Lozada (Lozada v. Educational Credit Management Corporation), 594 B.R. 212 (Bankr. S.D. N.Y. 2018). Years ago (30...
Members
morgenstern-clarren
November 26, 2023
Although this article was originally published in 2009, Judge Morgenstern-Clarren took a fresh look just this week. It is just as relevant today as the day she first wrote it
Members
Copy of Hildebrand-2016
August 7, 2022
Even though the Chapter 13 debtor’s 36 cats were property of the estate, the county animal control office could pursue possession of the cats and resulting disposition (by way of adoption). (Hagenau) In re Karen Mitchell-Smith, 2022 WL 2195466 (Bankr. N.D. Ga. June 17, 2022) Case Summary Sometime in 2021, Henry County Animal Control took possession of 36 cats that...
DeCarlo01
June 25, 2023
Courts continue to wrestle with the issue of trustee fees in pre-confirmation dismissals. The Bankruptcy Court for the Northern District of Illinois has now weighed in in In re Johnson, 2023 WL 3406597 (Bankr. N.D. Il. 2023).  The facts are pretty typical.  Debtor filed for Chapter 13. After 8 months and 8 confirmation hearings, the Court granted Trustee’s request for...
Members
Ashley Curry Headshot
December 12, 2021
In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding. Ruling on a Motion for Sanctions in James Defoe v. Winyah Surgical Specialists, P.A. doing business as Winyah Surgical Specialists (In re Defoe), 632...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: