In Hamilton v. Lanning, 2010 LEXIS 4568 (June 7, 2010), a Chapter 13 consumer bankruptcy case, Justice Alito
cited Collier multiple times regarding the discretion courts have to
account for changes in the debtor's income:
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In this Emerging Issues Analysis, Professor Klee comments on the Court's ruling in Hamilton v. Lanning. Even when a statute contains a detailed and precise definition of a term or concept, the Court will construe the statute pragmatically to preserve judicial discretion to depart from the definition...
The first case argued before the Supreme Court this term was
No. 09-907, Ransom v. FIA Card Services, N.A . You can find the
transcript of the oral argument here .
This case raises the issue of whether Courts should give the means test a
literal interpretation or follow a more functional approach...
Overview: Bankruptcy debtor improperly claimed a vehicle ownership expense in calculating
disposable income to pay to creditors under 11 U.S.C.S. § 707(b), since the
debtor could only deduct the expense if it was applicable to the debtor's
financial circumstances, and the debtor...
In an 8-1 decision authored by Justice Kagan, the Supreme
Court ruled today that an ownership expense is not "applicable" under
the Means Test unless the Debtor has an actual payment. Ransom v. FIA Card
Services , No. 09-907 (1/11/11).
Justice Kagan framed the issue in this manner:...
When reading recent US Supreme Court opinions
interpreting BAPCPA, the statute's manifest flaws are the "elephant in the
room" (origins of phrase here ),
and Justice Kagan's recent opinion for the Court in Ransom v. FIA Card Services , N.A , 2011 U.S. LEXIS 608 (Jan. 11, 2011),
In this Emerging Issues
analysis, Professor Kenneth N. Klee examines the Supreme Court's Holding in
Ransom v. FIA Card Services, N.A. , concluding that if a statute contains a
definition of a term or concept that can have more than one interpretation, the
Court may construe the statute in light...
On this edition, Henry Sommer, co-editor in chief of Collier on Bankruptcy and the LexisNexis Matthew Bender Collier line of bankruptcy publications and Kenneth Klee, Professor at UCLA School of Law, discuss the U.S. Supreme Court's Jan. 11, 2011 opinion in Ransom v. FIA Card Services. They outline...
Today is the first Tuesday in October, which marks the
start of the Supreme Court's October Term 2011. So far the Court has granted
cert in forty-eight cases, only one of which involves bankruptcy. There are a
few interesting petitions pending but no bombshells like last term's Stern
WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Nov. 26 granted certiorari in a case in which a debtor couple contend that high court review is needed to settle a split in the circuit courts regarding whether Chapter 7 debtors are permitted to exempt money in an inherited individual...