Did Congress Mean What It Said in Section 1328(i)?

Community property works differently in bankruptcy. I probably don’t have to tell you that. On the issue of assets and debts, community property is pretty straightforward. All of the community property comes into the estate upon the commencement of a bankruptcy case, even when only one spouse files. §541(a)(2). Every creditor with a right to be paid from the community can file a claim, regardless of which spouse incurred the debt. §101(7). So creditors of the nonfiling spouse are proper claimants in the filing spouse’s bankruptcy case. If the bankruptcy estate contains separate property as well, §726 creates a distribution scheme that segregates community assets from separate property assets in paying community and non community debts. So far pretty straightforward. Right?

For below-median income debtors, plan extensions beyond 36 months are meant to be voluntary and flexible—not coerced by courts, trustees, or creditors. While ‘cause’ can justify a longer plan, it must be determined case-by-case.

More than just a question. Once again Cathy offers new and seasoned attorneys a “gotta keep this one” resource on statutes that refer to numbers of days.

An interesting case which, at its heart, addresses retail value. While written specifically for North Carolina practitioners, Boltz’s commentary will strike a chord for all readers.

Last week we published the first Part of Judge Norton’s article on Zealous Advocacy. Part I discussed the History of Zealous Advocacy, and Part II examines how courts have discussed zealous advocacy. Part III next week will look at Practical Takeaways from the article. In the following week, we will post Judge Norton’s extensive Addendum of reported cases on Zealous Advocacy.