October 2012 – COTD

October 31, 2012
Two-year limitation in § 546(a) bars Chapter 7 trustee’s avoidance action after conversion from Chapter 13 when Chapter 7 trustee...
October 30, 2012
Plan lacked good faith that did not “purge the taint” of purchase of luxury car five days before petition. On...
October 29, 2012
Citing Waag v. Permann (In re Waag), 418 B.R. 373 (B.A.P. 9th Cir. Oct. 14, 2009) (Montali, Jury, Rimel), stay...
October 26, 2012
When original purchase and financing was outside 910-day period in hanging paragraph, refinancing with same lender and same car within...
October 25, 2012
When debtors’ income increased shortly after confirmation, plan can be modified to increase the monthly payment, but debtors failed to...
October 24, 2012
Mortgagee’s challenge to “best practices” addendum to Central District of California Chapter 13 plan was rejected in large part by...
October 23, 2012
Order confirming that stay had expired pursuant to § 362(c)(3) and (j) is reversed and remanded for bankruptcy court to...
October 22, 2012
Not bad faith that plan strips wholly unsecured junior lien and pays at least 17.5% of resulting unsecured claims. Debtor...
October 3, 2012
“Unsecured creditors” in § 1325(b)(1)(B) means nonpriority unsecureds. “A literal interpretation of the statute would thus permit Debtors to use...
October 2, 2012
Creditor not entitled to additional attorney fee of $150 for preparation of response to Chapter 13 trustee’s Notice of Final...
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