From the Editor – Property of Estate and Exemptions

-

Link to Post:

By The Honorable William Houston Brown (Retired)

Sale of Texas homestead. Texas law requires that proceeds from the sale of homesteads must be reinvested in another homestead within six months, and when debtor did not reinvest within that time, the proceeds became nonexempt property of estate. The Fifth Circuit had previously held that the six-month limit was an “integral feature” of Texas homestead exemption, and that “this essential element of the exemption must continue in effect even during the pendency of a bankruptcy case.” In re Zibman, 268 F.3d 298, 301 (5th . . .

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.

Related Articles

Ensure You Understand Insurance in Bankruptcy

March 17, 2019
By Cathy Moran, Esq. (Redwood City, CA) Because its treatment varies so, we need to be asking more pointed questions of clients about both insurance policies and the debtor as beneficiary. Unmatured life insurance Starting with exemptions, §522(d)(7) makes an unmatured life insurance policy exempt without limit. So, the insurance element of a policy owned by the debtor is exempt...
View Article
Members

When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge

February 17, 2019
By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA) Many things can, and often do, change between the time debtors file a Chapter 13 bankruptcy petition and the end of their case. A variety of circumstances impact a debtor’s ability to afford their Chapter 13 plan payments, including but not limited to: medical problems, disability, loss of employment,...
View Article
Members

From the Editor

September 27, 2020
By The Honorable William Houston Brown (Retired) Debtors’ attorney fees not authorized under Equal Access to Justice Act (EAJA). Although the Chapter 13 debtors had prevailed before the Ninth Circuit, In re Sisk, 962 F.3d 1133 (9th Cir. 2020), their application for attorney fees as prevailing parties under EAJA was denied. That Act did not authorize awards of attorney fees...
View Article
Members
Copy of Hildebrand-2016

SSI, SSA and Violation of the Stay

August 3, 2025
It is a violation of the stay for the Social Security Administration to retain a debtor’s retirement social security benefits and apply them to an obligation for fraudulent receipt of SSI benefits.
View Article
Members
Copy of Hildebrand-2016

Critical Case Comment – Repeat: No Fee Splitting

October 23, 2022
A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that it constitutes an unauthorized splitting of attorney’s fees. (Williamson) In re Davis, 638 B.R. 198 (Bankr. M.D. Fla. March 31, 2022) Case Summary Four years after Lisa Davis filed her Chapter 13 petition, she was involved in an auto accident resulting...
View Article
Members
boltz2

From NCBJ – Bartenwerfer v. Buckley and Coerced Debt

June 8, 2025
See also: Unjust Enrichment from Spouse’s Defalcation Leads to a Nondischargeable Debt Unjust Enrichment:  Where Are We Headed?
View Article
Headshot

Meet a New Trustee

October 8, 2023
David A. Mawhinney is the Chapter 13 Standing Trustee for the Central and Western Divisions of Massachusetts and a Subchapter V Trustee for Region One. He replaced Denise M. Pappalardo upon her retirement which was effective December 24, 2022. David is a 2002 graduate of Boston College and received his J.D. from Boston College Law School in 2011. When David started...
View Article

Done with Taxes This Year? Use 2018 Return to Get 2019 Withholding Right

May 5, 2019
Millions of taxpayers filed a 2018 tax return in the last few weeks, making now a prime time for everyone to consider whether their tax situation came out as they expected. If it didn’t, they can use their recently finished 2018 return and the IRS Withholding Calculator to do a Paycheck Checkup and adjust their withholding. Checking and then adjusting...
View Article

Here’s What People Should Know About Taking Early Withdrawals from Retirement Plans

April 21, 2019
Taxpayers may need to take money out of their individual retirement account or retirement plan early. However, this can trigger an additional tax on top of other income tax they may owe. Here are a few key things for taxpayers to know: Early Withdrawals. An early withdrawal normally is taking cash out of a retirement plan before the taxpayer is...
View Article

Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

February 10, 2019
By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division) Courts around the country are split on whether property acquired post-chapter 13 confirmation remains property of the estate or vests in the debtor for all purposes absent contrary language in the plan or confirmation order under 11 U.S.C. § 1327(b).1...
View Article
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

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

Attorney
Trustee
Non-Profit
Government