September 2012 – COTD

Although literal application of § 348(f)(1)(A) can be anomalous, when good faith is not at issue, prepetition tax refund spent...

Debtor ineligible for discharge because of § 1328(f) can strip off wholly unsecured lien on primary residence. “[T]he parties agree...

$3,684 is reasonable fee for “relatively uncomplicated” Chapter 13 case. “[W]e have recognized that the lodestar method is an appropriate...

“Fee-only” Chapter 13 plan is not per se bad faith. “We believe that the totality of the circumstances approach to...

Failure to “publically announce” postponement of foreclosure sale after Chapter 13 petition violated state law, and subsequent foreclosure was void;...

Mortgage that was not protected from modification may be treated under combination of §§ 1322(b)(2) and 1322(b)(5). After debt is...

$495,000 recovery from personal injury claim was substantial change in financial circumstances justifying trustee’s modification to pay unsecured claims in...

Confirmation of plan bound trustee and precluded objection to amended plan on ground that debtors had not correctly stated disposable...

On remand after Third Circuit held that escrow shortage was prepetition debt, Countrywide willfully violated automatic stay by attempting collection...

Failure to report or turn over inherited funds put debtor in contempt of confirmation order requirement to report new assets...