By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) "Equity is not an old man, with a long grey beard, sitting under a tree. Equity has rules."1 Introduction Section 105 When enacted in 1978, the Bankruptcy Code in section 105 included an "all writs" statute for the Bankruptcy Courts: The court may issue any order, process, or judgment that...
Critical Case Comment
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By Henry E. Hildebrand III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
As long as Chapter 13 debtors are properly allocating tax refunds, earned income credit payments and irregular expenses properly, they cannot be compelled to turn over their tax refunds to confirm their Chapter 13 plan. In re Blake, 565 B.R. 871 (Bankr. N.D. Ill. March 16, 2017) (Thorne)
Case Summary
In three consolidated cases, Judge Thorne took the opportunity to address an issue commonly faced by debtors and trustees across the country. Specifically, whether a Chapter 13 debtor . . .
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