September 2012 – COTD

Warfield v. Salazar (In re Salazar), 465 B.R. 875, 880–82 (B.A.P. 9th Cir. 2012) (Dunn, Jury, Pappas)

September 28, 2012
Although literal application of § 348(f)(1)(A) can be anomalous, when good faith is not at issue, prepetition tax refund spent...
Read More

Zeman v. Waterman (In re Waterman), No. 11-cv-00929-CMA, 2012 WL 872623, at *2–*4 (D. Colo. Mar. 13, 2012) (Arguello)

September 27, 2012
Debtor ineligible for discharge because of § 1328(f) can strip off wholly unsecured lien on primary residence. “[T]he parties agree...
Read More

Berliner v. Pappalardo (In re Sullivan), 674 F.3d 65, 69–70 (1st Cir. 2012) (Selya, Souter, Lipez)

September 26, 2012
$3,684 is reasonable fee for “relatively uncomplicated” Chapter 13 case. “[W]e have recognized that the lodestar method is an appropriate...
Read More

In re Puffer, 674 F.3d 78, 82–83 (1st Cir. 2012) (Selya, Souter, Lipez)

September 25, 2012
“Fee-only” Chapter 13 plan is not per se bad faith. “We believe that the totality of the circumstances approach to...
Read More

Kekauoha-Alisa v. Ameriquest Mortg. Co. (In re Kekauoha-Alisa), 674 F.3d 1083 (9th Cir. 2012) (Goodwin, Trott, Murguia)

September 24, 2012
Failure to “publically announce” postponement of foreclosure sale after Chapter 13 petition violated state law, and subsequent foreclosure was void;...
Read More

In re Gilbert, No. 11-28496-EPK, 2012 WL 1983338, at *6, *7 (Bankr. S.D. Fla. Feb. 28, 2012) (Kimball)

September 21, 2012
Mortgage that was not protected from modification may be treated under combination of §§ 1322(b)(2) and 1322(b)(5). After debt is...
Read More

In re Kirby, No. BK10-40455-TLS, 2012 WL 733884 (Bankr. D. Neb. Mar. 6, 2012) (Saladino)

September 20, 2012
$495,000 recovery from personal injury claim was substantial change in financial circumstances justifying trustee’s modification to pay unsecured claims in...
Read More

In re Hurtte, No. 09-32585, 2012 WL 566869 (Bankr. S.D. Ill. Feb. 21, 2012) (Grandy)

September 19, 2012
Confirmation of plan bound trustee and precluded objection to amended plan on ground that debtors had not correctly stated disposable...
Read More

In re Rodriguez, No. 07-24687 (MBK), 2012 WL 589553 (Bankr. D.N.J. Feb. 22, 2012) (Kaplan)

September 18, 2012
On remand after Third Circuit held that escrow shortage was prepetition debt, Countrywide willfully violated automatic stay by attempting collection...
Read More

In re Flory, No. 10-10748, 2012 WL 627670 (Bankr. D. Vt. Feb. 24, 2012) (Brown)

September 17, 2012
Failure to report or turn over inherited funds put debtor in contempt of confirmation order requirement to report new assets...
Read More
Loading more results...
Load More Results

The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.

Academy

Members

Website

Legal

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government