From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Debtor-husband not entitled to wildcard exemption in inheritance of debtor-wife. The Chapter 7 debtor-husband had no separate property interest in an inheritance received by his debtor-wife, rejecting the argument that the husband had an exemptible property interest based on equitable distribution rights that could be asserted in an unfiled divorce proceeding or probate. Under the majority view, “a spouse has no present property interest in the separate property of the other spouse unless and until the contingency occurs.” Moreover, § 541(a)(5) defines property of . . .

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

ahern_larry_regular
December 19, 2021
Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, Part 2 and
Members
November 10, 2019
By William Houston Brown, Editor and Adviser, NACTT Academy for Consumer Bankruptcy Education, Inc. Several Official and Director’s Forms related to bankruptcy filings are revised and some are new, with some already taking effect on October 1, 2019, others to take effect December 1, 2019, and others taking effect February 19, 2020. Several forms have already been updated on April...
Members
May 17, 2020
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction As of April 16, 2020, more than 22,000,000 people in the United States were reported to have filed for unemployment aid, "a staggering loss of jobs that has wiped out a decade of employment gains and pushed families to line up at food banks as they await government help."1...
Members
lynch
July 16, 2023
A. Introduction When should we regard dismissal or conversion of a chapter 13 as an unsuccessful bankruptcy? The arguments are familiar.Chapter 13 is the easiest, quickest, and cheapest way to stop foreclosures, repossessions, and garnishments by creditors.Desperate debtors can file a chapter 13 case without schedules, statements, or a plan and buy themselves a stay for a short period. And...
Members
November 15, 2020
Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix A Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The proposed rules and Committee notes are set forth below, with changes indicated by striking through deleted text and underlining new text. Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief...
Members
December 1, 2019
By Peter Fessenden, Chapter 13 Standing Trustee, Retired September 30, 2017 (Portland, ME) To everything there is a season. There was a time to discover how little I knew about being a Chapter 13 trustee. There was a time to make mistakes. There was a time to address those mistakes. There was a time to solve problems. There was a...
Members
Copy of Hildebrand-2016
February 20, 2022
Bankruptcy Court found violation of automatic stay to be “technical”, thus no damages. Ninth Circuit BAP did not agree. Continuing to pursue state court fraudulent transfer action after transfer or filed for Chapter 7 relief violated the automatic stay; even if the violation of the stay is “technical”, damages, including attorneys’ fees and costs, should be assessed against the violator....
Members
September 19, 2021
By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia Like most trustees, my case load is down, and I’ve been actively encouraging new filings. Perhaps too enthusiastically as certain new cases reflect. A bankruptcy filer who has been dormant for months filed a new case recently. Schedule A is clearly marked with...
Members
supremecourt
June 18, 2023
Lac Du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin Supreme Court rules in favor of borrower of tribal loan –Chapter 13 stay applies.  Justices reject tribal immunity from bankruptcy stay.
March 31, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Suspension of firm upheld. The District court affirmed the 90-day suspension of Law Solutions Chicago, LLC (d/b/a UpRight Law, LLC), with the record supporting the bankruptcy court’s findings that the firm failed to adequately represent the debtor in a “simple” consumer case. Disgorgement of fees was appropriate under...
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: