January 2013

Question whether retention of repossessed property violated automatic stay turned on whether debtors had interest in car under state law;...

On reconsideration, § 362(c)(4)(B) requires that motion to impose stay must be filed within 30 days of petition but does...

Bankruptcy Rule 3002.1 does not apply to direct payments by debtor to mortgage holder; filing of notice contemplated by Bankruptcy...

Future tax refunds are included in projected disposable income except in unusual cases; debtor has burden to prove both that...

IR-2013-8, Jan. 24, 2013 WASHINGTON — The Internal Revenue Service today announced guidance to borrowers, mortgage loan holders and loan...

By:  Catherine King, Esq. On December 19, 2012, the Ninth Circuit granted the Chapter 13 trustee’s petition for rehearing en...

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah Jacobo v. BAC Home Loans Servicing, LP (In...

Rejecting “heads on beds” and “income tax dependent” approaches, “economic unit” is proper method to determine household size and fractional...

Trustee proved good faith in modified plan that increased payments to unsecured creditors based on substantial increase in income. “Trustee...

Adopting position between majority and minority approaches: “[S]ection 362(c)(3)(A) terminates the stay only with respect to the debtor individually, with...