Section 522(f) Avoidance of Liens on Co-Owned Property

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

Introduction

In its recent decision in In re Taylor,1 the Tenth Circuit Court of Appeals was faced with determining how the section 522(f) exemption-impairment process works when a debtor said an exemption to which he would otherwise have been entitled was impaired by judicial liens on his property. He owned the property in question as a joint tenant with his ex-wife . . .

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.

341s: The Good, the Bad and the Ugly

Brandi Manuel Jolley

November 19, 2023

“The chief obstacle we have had since starting Zoom revolves around the lack of high-speed internet in our division.”

Here’s What People Should Know About Taking Early Withdrawals from Retirement Plans

April 21, 2019

Taxpayers may need to take money out of their individual retirement account or retirement plan early. However, this can trigger an additional tax on top of other income tax they may owe. Here are a few key things for taxpayers to know: Early Withdrawals. An early withdrawal normally is taking cash out of a retirement plan before the taxpayer is...

Claim Preclusion and the Opportunities for Mischief

Cathy Moran

March 27, 2022

I’ve been having nightmares about the 9th Circuit’s decision in Siegel for 20 years. Broad strokes, Siegel (143 F.3d 525 (9th Cir. 1998) holds that a filed claim in a no asset bankruptcy case to which no one objects is entitled to preclusive effect in subsequent litigation by . . . It looks like you are not signed in or...

Members

Tax Deductions Hidden in Chapter 13

Cathy Moran

April 3, 2022

True. Most people no longer itemize under the current Tax Code. However, the amount of money involved varies and should be considered. The same very important debts that a Chapter 13 plan pays are often tax deductible. And your client is still the person who’s paying, even if the trustee writes the check. Don’t allow them to miss out on...

Members

Who Is Stupid Here?

Cathy Moran

February 25, 2024

“The headline was ‘Are your clients really stupid?’ . . .The answer isn’t what you’re tempted to respond.” The second in a 3-part series on treating clients as we would want to be treated. More on this topic: Why Listening Is a Bankruptcy Lawyer’s Superpower

Members

Critical Case Comment

February 3, 2019

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN (Nashville) Where a Chapter 13 plan provides that a mortgage payment will be paid “outside the plan,” the plan does not “provide for” the mortgage payment and, accordingly, the discharge under § 1328 is not applicable to the mortgage obligation. Dukes v. Suncoast Credit Union, 909...

Members

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

November 15, 2020

Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix B Adjustments to Means Test Amounts (Cases Filed On or After November 1, 2020) The tables on the following page provide median family income adjustments reproduced in a format designed for ease of use in completing Bankruptcy Forms 122A-1 and 122C-1. STATE 1 EARNER FAMILY SIZE 2 PEOPLE 3 PEOPLE...

Members

The Continuing Saga of Chapter 13 Trustee Fees in Pre-Confirmation Dismissals

Thomas D. DeCarlo

June 25, 2023

Courts continue to wrestle with the issue of trustee fees in pre-confirmation dismissals. The Bankruptcy Court for the Northern District of Illinois has now weighed in in In re Johnson, 2023 WL 3406597 (Bankr. N.D. Il. 2023). The facts are pretty typical. Debtor filed for Chapter 13. After 8 months and 8 confirmation hearings, the Court granted Trustee’s request for...

Members

Critical Case Comment – Bad Faith to Not Pay Both Tests?

Henry E. Hildebrand, III

February 27, 2022

Chapter 13 debtor is not obligated to pay both the disposable income pool and the best interest of creditors test pool to achieve confirmation, only the larger of the two; it is not a manifestation of bad faith that the debtor does not pay both the disposable income pool and the best interest of creditors test amounts. (Altenberger) In re...

Members

First Principles for First Meetings

October 11, 2020

By Cathy Moran, Esq. (Redwood City, CA) Once again, I sat in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners. She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication,...

Members