Interspousal Claims Live On and On and On

Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

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Cathy Moran, Esq.

Head of Moran Law Group

Cathy Moran has headed her own small firm Moran Law Group in Redwood City, California, for over 40 years. Family law and tax issues as they play out in bankruptcy are areas of particular interest to Cathy.

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Administrative fees and claims existing when Chapter 13 plan was confirmed would reduce the amounts received by unsecured creditors in a Chapter 7 under the “best interests of creditors test;” unsecured creditors, expected to receive payments over three years, must be paid the “present value” of that stream of...

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Critical Case Comment – The Now Infamous Castleman Case

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Equity that accrues as a result of market conditions in debtor’s assets between the time of confirmation of a Chapter 13 plan and conversion to Chapter 7 constitutes property of the estate which may be administered by the Chapter 7 trustee.

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