From the Editor

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Property interests defined by state law. Under Kentucky law, a prebankruptcy divorce decree had vested equitable title to the former marital home in the debtor alone. The former wife was a creditor, holding a claim for the amount ordered paid by the state court for her prior interest in the property. She was not a co-owner of the property, and she could not use § 363(h) to force a sale of the property. In re Ripberger, ___ B.R. ___, 2014 WL 5474057 (Bankr. E.D . . .

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.

Chapter 13 Saves the World!

The Academy

May 21, 2023

(The DuPage County Bar Association grants permission to reprint all or part of this article, Chapter 13 Saves the World! by Arthur Rummler, Volume 29, Issue 9, May 2017 edition of the DCBA Brief. Copyright 2017, DCBA Brief, All Rights Reserved.) We are pleased to reprint an article referred to recently by Director Twomey of the Executive Office for United...

Critical Case Comment–Be Careful What You Stipulate

Henry E. Hildebrand, III

August 14, 2022

Where a stipulation of a settlement of an objection to confirmation provided that a creditor’s claim would be “excepted from discharge pursuant to 11 U.S.C. § 523(a)(6)”, the stipulation would not prevent the discharge of the claim based upon a breach of fiduciary duty, tortious interference with business relations, unfair competition, defamation, and conversion which resulted in a state jury...

Members

341s: The Good, the Bad and the Ugly

Brandi Manuel Jolley

November 19, 2023

“The chief obstacle we have had since starting Zoom revolves around the lack of high-speed internet in our division.”

March 24, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Section 523(a)(8)(A)(ii) does not include “loan.” Denying Navient’s motion to dismiss debtors’ complaint, reviewing the split of authority on whether § 523(a)(8)(A)(ii)’s “educational benefit” included loans, and finding no controlling authority in the Tenth Circuit, the Court concluded that Congress made a distinction between “loan” in § 523(a)(8)(A)(i) and...

Members

9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute

Hale Andrew Antico

January 29, 2023

Ninth Circuit Bankruptcy Appellate Panel finds no “eligibility” exception to right to dismiss a Chapter 13 bankruptcy Powell vs TICO Construction (In re Powell) 644 B.R. 181 (9th Circuit BAP, 2022) ISSUE Did the bankruptcy court err in granting Debtor’s motion to dismiss the Chapter 13? RULING No. FACTS This case tests the new “absolute right to dismiss” rule about...

Members

Consumer Foreclosure Procedures

October 23, 2020

The Irony of Filing a Motion to Dismiss with Prejudice

April 12, 2020

By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN) Are chapter 13 serial filers abusing the bankruptcy system? Maybe or maybe not. There are many reasons debtors file multiple bankruptcy cases across the nation, including but not limited to parking tickets, court fines, utilities, lack of financial literacy, foreclosure, past due rent,...

Members

Is Nunc Pro Tunc Really Sunk?

December 20, 2020

By James M. Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN) Bankruptcy Courts take determinations from the Supreme Court seriously. And rightfully so. But sometimes, some bankruptcy courts are guilty of reading too much into the Court’s statements. The latest example is the soul searching around “nunc pro tunc” (“now for then”) orders. Earlier...

Members

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 4 More on Arbitration Procedure

Lawrence R. Ahern, III

January 15, 2023

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

Members

Tax Projections and the Means Test – Part II

September 22, 2019

By Cathy Moran, Esq. (Redwood City, CA) I wrote earlier about calculating the projected income tax deduction on the means test when the year of filing situation looks much like last year. But what if things aren't the same year over year? Your job as a bankruptcy attorney becomes more complicated. It's suddenly more than figuring the tax refund or...

Members

From the Editor – Property of Estate and Exemptions

Link to Post:

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

Or Sign In Below:

Related Articles

Chapter 13 Saves the World!

Critical Case Comment–Be Careful What You Stipulate

341s: The Good, the Bad and the Ugly

From the Editor

9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute

Consumer Foreclosure Procedures

The Irony of Filing a Motion to Dismiss with Prejudice

Is Nunc Pro Tunc Really Sunk?

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 4 More on Arbitration Procedure

Tax Projections and the Means Test – Part II

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

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