Reversing the lower courts, the United States Court of Appeals for the Ninth Circuit ruled that a Chapter 13 debtor who had made voluntary contributions to an employer-sponsored retirement plan...
Judge(s):
Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges
Sixth Circuit affirmed U.S. District Court for the Northern District of Ohio grant of summary judgment in favor of Chapter 13 debtor’s former employer in civil lawsuit alleging violation of the...
A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...
When there is no objection, a chapter 13 plan need not include a fixed duration, because chapter 13 does not expressly prohibit plans with estimated lengths.
The Chapter 13 debtor's appeals were dismissed as MOOT because the bankruptcy court's orders denying confirmation of her chapter 13 plan and dismissing the petition were not final, appealable...
Bankruptcy court clearly erred by finding that a Chapter 13 plan was not offered "in good faith" because it allowed elderly debtors to retain a 20-year-old fishing boat that served as part of the...
In a lengthy opinion, the BAP: (1) held that (a) confirmed Chapter 13 plans could not cannot properly provide the debtors with the right to unilaterally modify the plan without notice and court...
The exclusion from a Chapter 13 debtor's "disposable income" for “benefits received under the Social Security Act” also excludes Adoption Assistance payments; such payments are “benefits...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 5 months ago
Citation:
Arenas v. U.S. Trustee (In re Arenas), Case No. CO-14-046 (10th Cir. B.A.P. Aug. 21, 2015)
Ruling:
A debtor engaged in the marijuana business legally under state law, but in violation of federal law, cannot obtain relief in the federal bankruptcy court. Engaging in federal criminal conduct...
