In re Aguirre, No. 11-41126-JDP, 2012 WL 632400 (Bankr. D. Idaho Feb. 27, 2012) (Pappas)

Claim debtor filed on behalf of Chapter 7 trustee of former spouse was a general unsecured claim not entitled to priority. “Self-crafted” divorce decree contained $6,000 payment to ex-spouse intended to equalize debtor’s interest in a 401(k) account. There was no indication in the decree that this payment was intended as support. Debtor filed claim on behalf of Chapter 7 trustee in ex-spouse’s separate Chapter 7 case when ex-spouse failed to file a claim. Chapter 13 trustee successfully objected to priority treatment of the claim filed by the debtor.

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By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy lawyers are accustomed to evaluating the dischargeability of taxes when deciding when to file a client's bankruptcy case. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the “when do we file” analysis. In the simplest situation, the client owes...

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 4

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By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Exactly whose interests does the trustee represent, and when should the trustee object or move to modify? Hope v. Acorn Financial, Inc., 731 F.3d 1189 (11th Cir. 2013). The Eleventh Circuit held that a chapter 13 trustee who was aware of defects with a secured claim before...

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