LexisNexis® Legal Newsroom
Hamilton v. Lanning, 2010 U.S. LEXIS 4568 (June 7, 2010)

LexisNexis Overview: "Forward looking" approach could be used in calculating "projected disposable income" (PDI) under 11 U.S.C.S. § 1325(b)(1)(B) as courts had discretion to account for known or virtually certain changes in a debtor's income. Use of Chapter 13 debtor's...

Bad News for the Non-Filing Spouse

Frequently it makes sense for only one spouse to file bankruptcy. Where the husband has wracked up large business debts in his name only and the wife has significant separate property or sole management property, the husband can file bankruptcy without bringing the wife's non-joint assets into the...

Not a Good Idea to Object to Every Claim

You know that nothing good can come from an opinion which begins like this: This is a case about an affluent debtor who sought to manipulate bankruptcy procedures to accomplish what the Code prohibits--the elimination of all of her credit card debts despite her obvious ability to repay those debts...

Chapter 13: Why You Might Want To File

Under Chapter 13 you can make up arrears on your home over the 5 years of the plan. As long as you begin making your regular monthly mortgage payments, and make your payments towards arrears, the bank has to accept the plan. You, of course, must have the income to do this, but if you have the income...

Fifth Circuit Reverses Excessive “Disgorgement” Remedy in Case Which (Also) Applied Pro-Snax to Chapter 13 Case

Finding that 11 U.S.C. §329(b) limited the court to disgorgement of the actual amount received, the Fifth Circuit has reversed the most draconian penalties assessed against an attorney who represented a former chapter 13 debtor. However, the portions of the case that were not appealed raise serious...

Will the Fifth Circuit Clarify Pro-Snax?

For chapter 11 debtor's lawyers, Matter of Pro-Snax Distributors, Inc. , 157 F.3d 414 (5th Cir. 1998) [ an enhanced version of this opinion is available to lexis.com subscribers ] is like the sword of Damocles--constantly hanging over counsel's head and threatening to deny compensation when a...