October 2012 – COTD

Two-year limitation in § 546(a) bars Chapter 7 trustee’s avoidance action after conversion from Chapter 13 when Chapter 7 trustee...

Plan lacked good faith that did not “purge the taint” of purchase of luxury car five days before petition. On...

Citing Waag v. Permann (In re Waag), 418 B.R. 373 (B.A.P. 9th Cir. Oct. 14, 2009) (Montali, Jury, Rimel), stay...

When original purchase and financing was outside 910-day period in hanging paragraph, refinancing with same lender and same car within...

When debtors’ income increased shortly after confirmation, plan can be modified to increase the monthly payment, but debtors failed to...

Mortgagee’s challenge to “best practices” addendum to Central District of California Chapter 13 plan was rejected in large part by...

Order confirming that stay had expired pursuant to § 362(c)(3) and (j) is reversed and remanded for bankruptcy court to...

Not bad faith that plan strips wholly unsecured junior lien and pays at least 17.5% of resulting unsecured claims. Debtor...

“Unsecured creditors” in § 1325(b)(1)(B) means nonpriority unsecureds. “A literal interpretation of the statute would thus permit Debtors to use...

Creditor not entitled to additional attorney fee of $150 for preparation of response to Chapter 13 trustee’s Notice of Final...