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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...

U.S. Supreme Court Cites To Collier On Bankruptcy® In Hamilton v. Lanning

WASHINGTON, D.C. -- The U.S. Supreme Court cites to Collier on Bankruptcy in Hamilton v. Lanning . In this 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: ". . . Prior to BAPCPA...

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...

U.S. High Court Hears Arguments On Vehicle Ownership Deduction Costs In Bankruptcy

WASHINGTON, D.C. -- A debtor who contends that the Bankruptcy Code provides for a deduction of vehicle ownership costs regardless of whether the debtor owns a vehicle and a creditor who objects to that deduction presented their arguments at the U.S. Supreme Court on Oct. 4, with both insisting that the...

Lawniczak On 6th Circuit's Interpretation Of Bankruptcy Code §1328(f)(1) In Carroll v. Sanders

In this Emerging Issues Analysis, James M. Lawniczak looks at a decision of first impression from the Sixth Circuit U.S. Court of Appeals, Carroll v. Sanders (In re Sanders), 551 F.3d 397 (2008), interpreting Bankruptcy Code Section 1328(f)(1), added in 2005. Relying solely on the text of the statute...

U.S. Supreme Court: Debtor Not Entitled To Vehicle Cost Deduction

WASHINGTON, D.C. - (Mealey's) A divided U.S. Supreme Court on Jan. 11 ruled that a debtor who does not make lease or loan payments on a vehicle is not entitled to the car ownership deduction in a Chapter 13 bankruptcy proceeding ( Jason M. Ransom v. MBNA America Bank, et al., No. 09-907, Chapter...

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...

U.S. High Court Seeks Solicitor General's Comments On Bankruptcy Conflict

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 asked the U.S. solicitor general for comment on a bankruptcy case in which the Bankruptcy Code and the Real Estate Settlement Procedures Act (RESPA) are in conflict as it relates to a lender's right to require debtors to deposit...

Supreme Court Wants Solicitor General Comments On Bankruptcy Conflict

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 asked the U.S. solicitor general for comment on a bankruptcy case in which the Bankruptcy Code and the Real Estate Settlement Procedures Act (RESPA) are in conflict as it relates to a lender's right to require debtors to deposit...

U.S. Supreme Court Denies Certiorari In Bankruptcy Escrow Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 14 declined to hear a bankruptcy case in which a lender had contended that it did not violate the automatic stay in bankruptcy when it exercised its rights under the Real Estate Settlement Procedures Act and reanalyzed a debtor couple's...

U.S. Supreme Court Refuses To Hear Law Firm's Appeal Regarding Debt Collection

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 23 declined to hear a case in which the Third Circuit U.S. Court of Appeals had determined that a law firm's communication with a Chapter 13 debtor pertaining to the foreclosure of her home was a violation of federal debt collection...

Bankruptcy's Unique Characteristics Prompt Special Guidance From ABA Working Group

Earlier this year the ABA ESI in Bankruptcy Working Group issued interim guidelines on the "scope and timing" of a party's obligation to preserve ESI in bankruptcy cases. The group comprises both sitting and former judges, bankruptcy and litigation attorneys, law professors and a representative...

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...