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,...
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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