By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Exemptions in consumer cases have always presented difficult problems for practitioners and trustees. In a bow to states’ rights, the Bankruptcy Act of 1898 deferred to exemptions created by state law. When BAPCPA was enacted in 2005, Congress continued the practice of allowing each state to “opt out” of...
Critical Case Comment
Print This Article
Link to Post:
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
While the debtors failed to meet the high threshold to establish excusable neglect to permit their claim filed on behalf of a creditor after the bar date to be allowed, where a Chapter 13 case is dismissed and then reinstated prior to the expiration of the bar date, the bar date should be equitably extended for the benefit of the creditors. (Jones) In re Orosco, 220 WL 6054695 (Bankr. N.D. Tex. Oct. 13, 2020)
Case Summary
Jose and Vivian Orosco filed Chapter 13 at . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
A Look at Setoff and Recoupment as Fourth Circuit Permits IRS to Grab Exempt Overpayment Refund
Bifurcated Fees Under Examination
What to Do with the Dreaded Timeshare?
In re Evans: Disgorging Chapter 13 Trustee Fees in Cases Dismissed Prior to Confirmation
ABI Commission on Consumer Bankruptcy – Recommendations Related to Exemptions
Chapter 13 Trustee Duties, Powers, and Limitations
For Whom Does the Bell Toll?
In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).
Critical Case Comment – Pigs Get Fat/Hogs Get Slaughtered
The Weak Link in the Means Test