Snappy Answers to Questionable Arguments

By John P. Gustafson, Judge, United States Bankruptcy Court, Northern District of Ohio, Western Division of Ohio (Toledo)

Chapter 13 Staff Attorney or Trustee: Your Honor, the trustee moves to deny confirmation based upon the Debtor’s failing to put all of her disposable income into the Plan.

Debtor’s Counsel: The Trustee is counting income that is exempt, your Honor. I clearly claimed the exemption in Debtor’s unemployment – it is 100% exempt under state law, and is not property of the estate, therefore shouldn’t be counted as income that has to . . .

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Does Section 1325(b)(1)(A) Hold Your Interest?

Daniel M. Tavera, The Honorable John P. Gustafson

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When Does The Bankruptcy Code Require The Payment Of Interest On Unsecured Claims In Chapter 13? I. Introduction This article primarily discusses the interpretation and application of § 1325(b)(1)(A) of the Bankruptcy Code in relation to the payment of interest to general unsecured creditors in chapter 13 bankruptcy cases. Section 1325(b)(1)(A) generally states that a court may not approve a chapter...

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) "Equity is not an old man, with a long grey beard, sitting under a tree. Equity has rules."1 Introduction Section 105 When enacted in 1978, the Bankruptcy Code in section 105 included an "all writs" statute for the Bankruptcy Courts: The court may issue any order, process, or judgment that...

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By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) There is no requirement to show a change in circumstance in order to modify a Chapter 13 plan pursuant to § 1329. Whaley v. Guillen (In re Guillen), 2020 WL 5015287 (11th Cir. Aug. 25, 2020) (Marcus) Case Summary Rachel Guillen filed a Chapter 13 petition in August of 2015....

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner v. N.Y. State Higher Education Servs. Corp. rather than satisfying the judicial gloss added by subsequent decisions. Rosenberg v. N.Y. State Higher Education Servs. Corp., 2020 WL 130302...

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Cathy Moran

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Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

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By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo III. Applying the Hanging Paragraph a. Application of the Hanging Paragraph – Timing of Debt In order for the hanging paragraph to apply, the debt must be secured by a purchase money security interest (“PMSI”) in either: 1) a motor vehicle...

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From the Editor – Claims

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