Postpetition income of Chapter 13 debtors that becomes available after 401(k) loans are fully repaid is projected disposable income that must be turned over to trustee for distribution to creditors...
Summarized by Laura Bartell , Wayne State University Law School
14 years 7 months ago
Citation:
2011 Fed. App. 0009P (6th Cir. BAP July 14, 2011)
Ruling:
Court vacated orders denying fees to counsel to debtor in possession and ordering disgorgement of fees and expenses applied from prepetition retainer on ripeness grounds, and remanded for...
Summarized by Laura Bartell , Wayne State University Law School
14 years 8 months ago
Citation:
2011 Fed. App. 0004P (6th Cir. BAP June 15, 2011)
Ruling:
Debtors were entitled to claim a homestead exemption for a residence that was their homestead on the date the bankruptcy petition was filed, despite the fact that Debtors sold the residence...
Summarized by Laura Bartell , Wayne State University Law School
15 years 5 months ago
Citation:
(8th Circuit, Dec 31,1969)
Ruling:
Bankruptcy court lacked subject matter jurisdiction over malpractice, negligence and breach of fiduciary duty claims by former debtor against its bankruptcy counsel, brought in state court and...
Summarized by Laura Bartell , Wayne State University Law School
15 years 5 months ago
Citation:
(10th Circuit, Dec 31,1969)
Ruling:
Debtors' stock appreciation rights under an equity participation program that was required to be established by a collective bargaining agreement ratified prepetition, but actually established...
Summarized by Laura Bartell , Wayne State University Law School
15 years 5 months ago
Citation:
(6th Circuit, Dec 31,1969)
Ruling:
Under plain language of section 1322(e), amount of arrearages which must be cured under section 1322(e) includes fees and costs permitted by contract terms and applicable nonbankruptcy law even for...
Summarized by Laura Bartell , Wayne State University Law School
15 years 5 months ago
Citation:
(6th Circuit, Dec 31,1969)
Ruling:
State court judgment against debtor for abuse of process, intentional infliction of emotional distress, civil conspiracy and concert of action was preclusive on issues of damages and liability, but...
