By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Academy has focused at length on the Small Business Reorganization Act of 2019 (SBRA).1 SBRA deals on its face with a non-consumer topic, but it is of interest also to Chapter 12 and 13 trustees and debtors, creating a new, more debtor-friendly subchapter V of Chapter 11 for...
From the Editor – Property of Estate and Exemptions
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By The Honorable William Houston Brown (Retired)
Disallowance of exemptions based on bad faith. The Bankruptcy Appellate Panel vacated and remanded an order sustaining the Chapter 7 trustee’s objection to the debtors’ amended exemption claim, when the objection was based on the debtors’ bad faith. The debtors claimed exemption under Arizona law in prepaid rent and a security deposit, and the trustee argued that failure to disclose the asset was ground for denial of the exemption. Holding that Law v. Siegel, 134 S.Ct. 1188 (2014), discredited the use of equitable principles as . . .
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From the Editor