When Chapter 13 Debtors Receive Windfalls – Part 2 of 3

By Mark C. Leffler,1 Boleman Law Firm, P.C., Richmond, Hampton, and Va. Beach, Virginia

click here for Part I, click here for Part III

II. INHERITANCES AND LIFE INSURANCE RECEIVED MORE THAN 180 DAYS AFTER FILING: PROPERTY OF THE ESTATE OR NOT?

Compounding the complexity, even courts that view post-petition estates as continuing to accumulate property split from one another regarding the proper treatment of life insurance proceeds and inheritance received by a Chapter 13 . . .

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Furry Blurry Expenses: Pets And Bankruptcy

Michael B. Joseph

October 19, 2025

Pet care costs can range from ordinary to extraordinary - and it’s the debtor’s burden to prove reasonableness. See also regarding pets: How Much Is That Doggy in the Window? The One with the PMSI? By Ryan Blay

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The Complex World of Interspousal Claims in Bankruptcy

Cathy Moran

May 1, 2022

Traps and grey areas abound when one spouse files bankruptcy during or after a divorce. Inattention by the non-filing spouse can result in the bankruptcy discharge of spousal claims that might actually be nondischargeable. One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce (Bankruptcy Code §523(a)15))...

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Lashinsky v. Pennington Opinion Revoking Discharge

The Academy

September 14, 2025

“A bankruptcy court has ‘few more powerful remedies at its disposal’ than the revocation of a debtor’s previously granted discharge. And because of the ‘fresh start’ objective of bankruptcy, revoking a discharge is not an action that should be taken lightly.

Representing Elderly Clients in Bankruptcy – Part 1 of 3

January 5, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Overview Filing considerations. Perfect Storm! Pensions going down. Healthcare costs going up. Home Equity high. Medical debts increasing. Limited income. Common considerations. Embarrassment. Many of the elderly are from a generation which regards bankruptcy as an indication of moral failure and shame. Confidentiality. May not want family members, including a spouse,...

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List It or Lose It: When Actual Knowledge Isn’t Enough

June 20, 2021

By Cathy Moran, Esq., (Redwood City, CA) To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question must appear on Schedule A/B. That’s the hard teaching of Stevens v. Whitmore from the 9th Circuit BAP. A passing reference to an asset in the SOFA isn’t sufficient. Neither was the fact the trustee explicitly knew about...

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Is 1328(i) Ultimately Terrible for Debtors?

February 7, 2021

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL) The December 2020 Consolidated Appropriations Act, 2021, more commonly known as the second covid-19 stimulus bill, contains a few bankruptcy related provisions, but none stood out more with respect to Chapter 13 than the newly created § 1328(i). This provision provides that a court may grant a full 1328(a)...

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Happy Thanksgiving

November 19, 2023

As our ‘thank you’ to our loyal readers, we bring you a completely non-password protected issue! ENJOY.

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 8 Selected Decisions Under Part III of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

April 30, 2023

Introduction One new rule and amendments to 16 rules took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA), and had been in place in the same or similar form on an interim basis since that legislation took effect. Part 1 of this series summarized . . . It looks like you...

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Fourth Circuit Examines Tenancy by Entirety

The Honorable William Houston Brown

May 19, 2024

The Fourth Circuit ruled that federal tax debts can affect one spouse's interest in such property, even if the debt isn't jointly held. They also clarified that the value of a debtor's share in this type of property isn't necessarily the fair market value of the whole property, but rather their interest in the tenancy.

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It Takes a Village

September 29, 2019

By Katherine B. Brewer, Esq. (Westerville, OH) One of the first things we focus on in law school (other than the Rule Against Perpetuities, which always brings back fond memories), is that our clients come first. We learn the complexities of the law, memorize rule statements, and read thousands of pages of case law in order to learn how best...

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When Chapter 13 Debtors Receive Windfalls – Part 2 of 3

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Related Articles

Furry Blurry Expenses: Pets And Bankruptcy

The Complex World of Interspousal Claims in Bankruptcy

Lashinsky v. Pennington Opinion Revoking Discharge

Representing Elderly Clients in Bankruptcy – Part 1 of 3

List It or Lose It: When Actual Knowledge Isn’t Enough

Is 1328(i) Ultimately Terrible for Debtors?

Happy Thanksgiving

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 8 Selected Decisions Under Part III of the Federal Rules of Bankruptcy Procedure

Fourth Circuit Examines Tenancy by Entirety

It Takes a Village

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