December 2012 – COTD

Disposable income test in § 1325(b) is satisfied by debtors with CMI greater than applicable median family income when plan...

When debtor did not reveal inheritance after confirmation or subsequent transfer of inheritance to sister, on trustee’s motion to compel...

On petition for rehearing, mandamus not appropriate because there was no jurisdiction to support the government’s declaratory action against the...

Postpetition income taxes on sale of farm property by Chapter 12 debtor are not “incurred by the estate,” are not...

Attorney violated Bankruptcy Rule 9011 by scheduling mortgage arrearage as zero when attorney represented debtor in prior Chapter 7 case...

Although Code and Rules did not provide for extending claims bar date, when date fell in gap between dismissal and...

Creditor and its attorney did not illegally share fees in violation of § 504(a) or Rule 2016 when law firm...

Debtors did not prove entitlement to discharge near end of 60-month plan when they had missed three payments and did...

At death of debtor, counsel should have given notice to court and sought designation of representative before converting case to...

In second case within a year, presumption of bad faith did not arise because prior case was dismissed to allow...