Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge. (Tighe) In re Ritter, 2021 WL 864092 (Bankr. C.D. Cal. March 5, 2021)

Case Summary

James and Debra Ritter filed a Chapter 13 petition in July of 2019. Their plan was approved in October of 2019 and provided a 63% dividend to unsecureds over fiveyears . . .

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What’s the Debt for Anyway?

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Clever use of Chapter 13. Expenses paid by a non-filing spouse toward a debt consolidation program confer no benefit to the debtor or the debtor’s household and are not included in Current Monthly Income even though the debts had been incurred for the benefit of the household.

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IRS Updates Guidance for Deductible Business, Charitable, Medical and Moving Expenses

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11/14/19, the IRS issued guidance for taxpayers with certain deductible expenses to reflect changes resulting from the Tax Cuts and Jobs Act (TCJA). Revenue Procedure 2019-46, posted today on IRS.gov, updates the rules for using the optional standard mileage rates in computing the deductible costs of operating an automobile for business, charitable, medical or moving expense purposes. The guidance also...

Millions of ITINs Set to Expire in 2019; IRS Says Renew Early to Prevent Refund Delays

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Nearly 2 million Individual Taxpayer Identification Numbers (ITINs) are set to expire at the end of 2019 as the IRS continues to urge affected taxpayers to submit their renewal applications early to avoid refund delays next year. “We urge taxpayers with expiring ITINs to take action and renew the number as soon as possible. Renewing before the end of the...

Re-Examining the Means Test Cost of Home Ownership

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From June: Bankruptcy lawyers can better present non-mortgage homeownership expenses to reflect current economic realities on the means test. By advocating for realistic expense allowances, based on a percentage of the home’s purchase price, attorneys can ensure fairer assessments and more successful bankruptcy plans. Additionally, Trustees and Judges should look at Atty Moran’s analysis here – change will take the whole village.

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Reversing the Fourth Circuit, SCOTUS rules insurer is Party in Interest. Although an 11 there are possible implications in the context of Chapter 13.

Critical Case Comment – Objection to Entire Housing Allowance Overruled

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This is a potential BIGGIE . . . Where a Chapter 13 debtor incurs one relatively small expense covered by the IRS Local Standards, the debtor is entitled to deduct from CMI the entire allowance to calculate Projected Disposable Income.

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What do a license plate, a house in Gambia, anda drug runner’s house all have in common? This is a fun holiday week read – enjoy!

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Henry E. Hildebrand, III

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Bankruptcy Court found violation of automatic stay to be “technical”, thus no damages. Ninth Circuit BAP did not agree. Continuing to pursue state court fraudulent transfer action after transfer or filed for Chapter 7 relief violated the automatic stay; even if the violation of the stay is “technical”, damages, including attorneys’ fees and costs, should be assessed against the violator....

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Henry E. Hildebrand, III

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Keathley should now be added to your list of important Supreme Court cases. Be sure to take a look at the concurring opinions. See also: Supreme Court Gets Judicial Estoppel Right, at Least More Right

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Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down

Henry E. Hildebrand, III

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A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that the referral fee constitutes an unauthorized splitting of attorney’s fees. (Williamson) In re Davis, 638 B.R. 198 (Bankr. M.D. Fla. March 31, 2022) Case Summary Four years after Lisa Davis filed her Chapter 13 petition, she was involved in an auto...

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Related Articles

What’s the Debt for Anyway?

IRS Updates Guidance for Deductible Business, Charitable, Medical and Moving Expenses

Millions of ITINs Set to Expire in 2019; IRS Says Renew Early to Prevent Refund Delays

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