From the Editor – Postpetition Debt

By The Honorable William Houston Brown (Retired)

Debtor not engaged in business nor self-employed were not required to obtain court’s permission to incur postpetition debt. The court found nothing in the Bankruptcy Code requiring a court’s authorization for a Chapter 13 debtor who is not engaged in business to incur postpetition debt or obtain credit. The Code only requires such authorization for debtors governed by § 1304. The debtors did not need court authorization to incur debt for the purchase of a vehicle to replace one destroyed in wreck. In re Fields

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No Answers?

Cathy Moran

September 17, 2023

What do you do when you don’t know the answer to a bankruptcy client’s questions? After all, you’re a bankruptcy lawyer.

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 10 Once Again: The Supreme Court Hands Down a Procedure Rule in Dupree v. Younger

Lawrence R. Ahern, III

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By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) On its face, Diaz (Diaz v. Viegelahn, No. 19-50982 (5th Cir. Aug. 26, 2020)) is a pretty straightforward decision that struck down a local form plan as violating a below-median income debtor's right to use her tax refund to finance necessary expenses for maintenance and support. On a deeper level,...

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Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

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The Hanging Paragraph – Hanging on Every Word Part 1 of 4

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Who Files the Tax Returns Under SBRA

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By Steven L. Walker, Esq. (San Jose, CA) Subchapter V of the newly amended Bankruptcy Code is silent on the question as to whether the debtor-in-possession, or the court appointed trustee, must file the entity’s income tax returns on Form 1065, Form 1120, or Form 1120S. Although the IRS also has not issued any formal guidance, answers can be found...

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Finding Your Village: An Introductory Guide to Bringing Fair Credit Reporting Act Claims for Clients Post-Bankruptcy

Emily Connor Kennedy

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I hope that you’ve enjoyed the articles from Mark Leffler and Steve Relyea discussing how our firm began litigating against creditors in bankruptcy court and mortgage servicers in federal district court. In this (final) installment, I will discuss our entry into Fair Credit Reporting Act litigation. Our firm’s history with Fair Credit Reporting Act litigation is intertwined with the relationships...

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Paying the Car Loan Directly vs. Through the Plan: Till Debt Us do Part?

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By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) In a recent case out of the Sixth Circuit, the Appeals Court heard an appeal by the Chapter 13 Trustee concerning direct payments by the debtor on a car loan and the applicable interest rate. The case is In re Chambers, 6th Circuit, # 20-1376, Appeal...

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