By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Post-petition, pre-conversion equity that accrues in a debtor’s residence during the pendency of a Chapter 13 plan is property of the estate in the Chapter 7 estate following conversion. (Hastings) Goetz v. Weber (In re Goetz), 651 B.R. 292 (8th Cir. BAP, June 1,...
From the Editor – Chapter 7 Issues
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By The Honorable William Houston Brown (Retired)
Abuse Dismissal
Spouse’s income considered for abuse purposes. Under § 707(b)(3)(B)’s totality of circumstances inquiry, the nondebtor husband’s income contributed to debtor’s household expenses could be considered in abuse determination. Husband was wealthy and parties had been married for twenty-one years, pooling income and expenses. Credit card debt incurred by debtor benefitted household and husband. The specific provisions of § 707(b)(2) did not subsume broader § 707(b)(3). Kulakowski v. United States Trustee (In re Kulakowski), 735 . . .
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