Sixth Circuit Allows Chapter 13 Debtors to Continue Retirement Plan Contributions
Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’
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BAP Didn’t See Barnhill as Prescribing the Date of Transfer from a Retirement Account
The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.
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‘Snapshot’ Rule for Valuation Doesn’t Apply to Compelling Abandonment, Circuit Says
Equity in property at the time of a hearing, not at filing, decides whether the court should compel abandonment, Sixth Circuit says.
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The Bankruptcy Trustee vs. Uncle Sam: Dividing the Proceeds of the Crime
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Chapter 13 Debtor Keeps Postpetition Appreciation in Nonexempt Property, BAP Says
Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.
Court:
Consumer Workshop III: Cleaning It Up: Messy Chapter 7s
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Preference, Earmarking and Fraudulent Transfer Law: Making Progress Together for Future Bankruptcies
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