Santiago v. Rivera (In re Santiago), BAP No. PR 11-075 (1st Cir. BAP Sep. 26, 2012) (for publication)
Ruling:
The First Circuit Bankruptcy Appellate Panel REVERSED the ruling of the bankruptcy court, finding that anticipated tax refunds for pre-petition earnings or losses are property of the estate under...
Judge(s):
Boroff, Deasy, and Bailey, United States Bankruptcy Appellate Panel Judges
United States Bankruptcy Appellate Panel for the First Circuit, No. PR 11-074, September 26, 2012
Ruling:
As a threshold matter, the BAP ruled that all tax refunds received by a Chapter 13 debtor are property of the estate whether pursuant to 11 U.S.C. sec. 541(a), to the extent they are rooted in...
Fisette v. Keller, No. 11-3119 (8th Cir. BAP, September 12, 2012)
Ruling:
The BAP dismissed the US Trustee's appeal of the BAP's prior order order because that order was interlocutory in that "further judicial activity" by the bankruptcy court remained to be completed.
In reversing the bankruptcy court and remanding the decision to apply the Ninth Circuit's decision in Maney v. Kagenveama (In re Kagenveama), 541 F.3d 868, 872 (9th Cir. 2008), the Ninth Circuit...
Judge(s):
Hons. Harry Pregerson, Susan P. Graber (Circuit Judges) and Edward Chen (District Court Judge sitting by designation).
Appeal from a ruling by Hon. Meredith Jury (Bankruptcy Court Judge for the Central District of California).
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 7 months ago
Citation:
BAP No. MT-11-1366-JuMkH (August 6, 2012)
Ruling:
The BAP held that 541(b)(7)(A) excludes from property of the estate only those 401(k) contributions made before the petition date, and that Chapter 13 debtors' voluntary postpetition retirement...
Summarized by Brett Weiss , The Weiss Law Group, LLC
13 years 8 months ago
Citation:
Tanya Rene Johnson v. William H. Zimmer, et al., No. 11-2034 (4th Cir. July 11, 2012).
Ruling:
In this 2-1 ruling, the Fourth Circuit adopted the "economic unit" standard for determining household size under the Chapter 13 Means Test. It also held that a part-time household member, such as a...
Judge(s):
Judge G. Steven Agee wrote the opinion of the Court affirming the Bankruptcy Court, which was joined by Judge Robert B. King. Judge J. Harvie Wilkinson, III, wrote a dissenting opinion.
Johnson v. Fink, No. 11-6037 (BAP 8th Cir., November 2, 2011)
Ruling:
Once a chapter 13 plan is confirmed, it is binding upon the debtor unless the plan is modified and approved by the court under Sec. 1329(a) after a substantial change in circumstances. A plan...
Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
13 years 11 months ago
Citation:
Tenth Circuit Bankruptcy Appellate Panel (the "10th Cir. BAP"), Case No. 11-038
Ruling:
The "safe harbor" for charitable contributions in 11 U.S.C. 548(a)(2)(A) protects transfers up to an aggregate amount equal to 15% of a debtor's annual gross income. As a result, for a...
Mattson v. Howe (In re Mattson), Ch. 13 Case No. 10-50455, BAP No. WW-11-1478-JuHKi (9th Cir. BAP Apr. 5, 2012)
Ruling:
Subject to the good faith requirements of Section 1329, and the Court's discretion, a debtor may modify his or her plan to reduce the term below the applicable commitment period required for an...
