January 2013

January 31, 2013
Question whether retention of repossessed property violated automatic stay turned on whether debtors had interest in car under state law;...
January 30, 2013
On reconsideration, § 362(c)(4)(B) requires that motion to impose stay must be filed within 30 days of petition but does...
January 29, 2013
Bankruptcy Rule 3002.1 does not apply to direct payments by debtor to mortgage holder; filing of notice contemplated by Bankruptcy...
January 28, 2013
Future tax refunds are included in projected disposable income except in unusual cases; debtor has burden to prove both that...
January 26, 2013
IR-2013-8, Jan. 24, 2013 WASHINGTON — The Internal Revenue Service today announced guidance to borrowers, mortgage loan holders and loan...
January 26, 2013
By:  Catherine King, Esq. On December 19, 2012, the Ninth Circuit granted the Chapter 13 trustee’s petition for rehearing en...
Members
January 26, 2013
By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah Jacobo v. BAC Home Loans Servicing, LP (In...
Members
January 25, 2013
Rejecting “heads on beds” and “income tax dependent” approaches, “economic unit” is proper method to determine household size and fractional...
January 24, 2013
Trustee proved good faith in modified plan that increased payments to unsecured creditors based on substantial increase in income. “Trustee...
January 23, 2013
Adopting position between majority and minority approaches: “[S]ection 362(c)(3)(A) terminates the stay only with respect to the debtor individually, with...
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