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Tag Archives: Chapter 13

Bankruptcy – Inheritance Added to Bankruptcy Estate (access required)

Carroll v. Logan A bankruptcy court did not err in applying 11 U.S.C. § 1306(a) to extend the 180-day deadline and include in debtors’ Chapter 13 bankruptcy an inheritance that postdated the petition by more than 180 days; the 4th Circuit says the plain language of § 1306(a) blocks debtors from depriving their creditors of a part of their windfall acquired before their Chapter 13 case was closed, dismissed or converted.

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Bankruptcy – Chapter 13 – Household Size – Domestic Relations – Parent & Child – Split Custody – Children & Stepchildren – First Impression (access required)

Johnson v. Zimmer It’s not just “heads on the beds” that count when a bankruptcy court is trying to determine “household” size for a Chapter 13 debtor in a “blended” household that includes children and step-children who are part-time residents, but the “economic unit,” the 4th Circuit says in this first-impression case for all circuit courts; debtor may amend her plan to reflect a household of five, not seven.

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Bankruptcy – Chapter 13 – Secured ATVs – Turnover to Creditors – Monthly Payments – Additional Income (access required)

Morris v. Quigley A chapter 13 debtor who planned to turn over to secured creditors two ATVs, for which she paid $163 per month, should have accounted for that additional income in calculating her projected disposable income, and the 4th Circuit reverses a district court order upholding the bankruptcy court decision that debtor could deduct the monthly payments that she would not be required to make.

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