Bankruptcy Case Commentaries

Bankruptcy Court Refines 'Projected Disposable Income' Calculation in Chapter 13 Plans

Date: Sep 19, 2006

Bankruptcy Court Refines 'Projected Disposable Income' Calculation in Chapter 13 Plans Introduction The United States Bankruptcy Court for the District of South Carolina delivered a pivotal decision...

Strict Compliance with BAPCPA's Disposable Income Calculation Upholds Bankruptcy Protections

Date: Sep 16, 2006

Strict Compliance with BAPCPA's Disposable Income Calculation Upholds Bankruptcy Protections Introduction The case of In re: Carolyn Farrar-Johnson and Ronnie Nelson, Chapter 13 Debtors (353 B.R....

Bankruptcy Precedent: Deduction for Vehicle Ownership Independent of Debt Obligations Under Section 707(b)(2)

Date: Sep 12, 2006

Bankruptcy Precedent: Deduction for Vehicle Ownership Independent of Debt Obligations Under Section 707(b)(2) Introduction In the case of In Re: Jean Fowler, Chapter 7, Debtor (Case No. 06-10207),...

Reinterpretation of Disposable Income Calculation under BAPCPA in Chapter 13 Plans

Date: Jul 1, 2006

Reinterpretation of Disposable Income Calculation under BAPCPA in Chapter 13 Plans Introduction The landmark decision rendered by the United States Bankruptcy Court for the Eastern District of North...

Enforcing the Five-Year Commitment Period in Chapter 13 Plans: A Comprehensive Analysis of In Re: McGuire

Date: Jun 2, 2006

Enforcing the Five-Year Commitment Period in Chapter 13 Plans: A Comprehensive Analysis of In Re: McGuire Introduction The case of In Re: Daniel M. McGuire and Priscilla F. McGuire (342 B.R. 608)...

Establishing the Primacy of Section 1325(b) in Determining a Chapter 13 Debtor's Ability to Pay

Date: Apr 6, 2006

Establishing the Primacy of Section 1325(b) in Determining a Chapter 13 Debtor's Ability to Pay Introduction The case of In Re: Peggy Baldwin Barr, Debtor (Case No. 05-14532C-13G) adjudicated in the...

Avoidance of Fraudulent Transfers in Bankruptcy: Insights from In re Canyon Systems Corporation

Date: Apr 1, 2006

Avoidance of Fraudulent Transfers in Bankruptcy: Insights from In re Canyon Systems Corporation Introduction The case In re Canyon Systems Corporation, Debtor, adjudicated by the United States...

Projected Disposable Income Standard in Chapter 13 Bankruptcy: Analysis of In re Paul F. Jass and Wendy E Jass, Debtors

Date: Mar 23, 2006

Projected Disposable Income Standard in Chapter 13 Bankruptcy: Analysis of In re Paul F. Jass and Wendy E Jass, Debtors Introduction The case of In re Paul F. Jass and Wendy E Jass, Debtors,...

Preventing Double Deductions in Chapter 13 Bankruptcy Plans: Analysis of In re Marindee Kay Hardacre

Date: Mar 7, 2006

Preventing Double Deductions in Chapter 13 Bankruptcy Plans: Analysis of In re Marindee Kay Hardacre 1. Introduction In the case In re: Marindee Kay Hardacre, Chapter 13, Debtor (338 B.R. 718),...

Issue Preclusion of Confirmed Arbitration Awards in Bankruptcy Nondischargeability Actions: In re Shahzad Khaligh

Date: Feb 3, 2006

Issue Preclusion of Confirmed Arbitration Awards in Bankruptcy Nondischargeability Actions: In re Shahzad Khaligh Introduction In In re Shahzad Khaligh, Debtor. Shahzad Khaligh, Appellant, v. Fred...

Enforcing Arbitration Clauses in Bankruptcy Litigation: Insights from AstroPower v. Xantrex

Date: Dec 23, 2005

Enforcing Arbitration Clauses in Bankruptcy Litigation: Insights from AstroPower Liquidating Trust v. Xantrex Technology, Inc. Introduction The case of AstroPower Liquidating Trust v. Xantrex...

Enhancing Standards for Denial of Bankruptcy Discharge under §727(a)(4)(A): In re Kenneth R. Roberts

Date: Sep 30, 2005

Enhancing Standards for Denial of Bankruptcy Discharge under §727(a)(4)(A): In re Kenneth R. Roberts Introduction The case of In re Kenneth and Laura Roberts, Debtors highlights critical issues...

Fraudulent Acquisition of Debt: In re Hambley and Smith-Hambley Sets Comprehensive Standards for Non-Dischargeability under Bankruptcy Code

Date: Aug 24, 2005

Fraudulent Acquisition of Debt: In re Hambley and Smith-Hambley Sets Comprehensive Standards for Non-Dischargeability under Bankruptcy Code Introduction In the case of In re: Richard Robert Hambley...

Refining Standards for Fraudulent Conveyances in Bankruptcy: An Analysis of In re ACTRADE Financial Technologies Ltd.

Date: Jun 24, 2005

Refining Standards for Fraudulent Conveyances in Bankruptcy: An Analysis of In re ACTRADE Financial Technologies Ltd. Introduction The bankruptcy landscape is continually shaped by judicial decisions...

Prima Facie Validity of Creditors' Claims in Chapter 13 Bankruptcy

Date: Jan 19, 2005

Prima Facie Validity of Creditors' Claims in Chapter 13 Bankruptcy: A Comprehensive Analysis of In Re: Rosetta Armstrong et al. (320 B.R. 97) Introduction The United States Bankruptcy Court for the...

Fraudulent Transfer and Fiduciary Breach in In re: McCook Metals Bankruptcy Case

Date: Jan 15, 2005

Fraudulent Transfer and Fiduciary Breach in In re: McCook Metals Bankruptcy Case Introduction The bankruptcy proceedings of McCook Metals, L.L.C. and McCook Equipment, L.L.C. brought before the...

Bankruptcy Code Prevails Over Procedural Filing Errors: In re Phyllis Michele Do v. eCast Settlement Corporation

Date: Dec 18, 2004

Bankruptcy Code Prevails Over Procedural Filing Errors: In re Phyllis Michele Do v. eCast Settlement Corporation Introduction The case In re Phyllis Michele Do v. eCast Settlement Corporation (318...

Enhanced Duty of Disclosure in Bankruptcy: Insights from In re Ruth A. Searles

Date: Nov 6, 2004

Enhanced Duty of Disclosure in Bankruptcy: Insights from In re Ruth A. Searles Introduction In re: Ruth A. Searles, Debtor is a pivotal decision rendered by the United States Bankruptcy Appellate...

The Scope of Automatic Stay Violations Following Bankruptcy Dismissal: In re Heghmann

Date: Nov 4, 2004

The Scope of Automatic Stay Violations Following Bankruptcy Dismissal: In re Heghmann Introduction The case In re Beatrice M. Heghmann, Debtor serves as a pivotal reference in understanding the...

Clarifying the Evidentiary Burden for Claim Objections under Bankruptcy Rule 3001(c): Cluffs and Medina Cases

Date: Aug 24, 2004

Clarifying the Evidentiary Burden for Claim Objections under Bankruptcy Rule 3001(c): Cluffs and Medina Cases Introduction The cases of In re: James Craig Cluff and Kathleen Clark Cluff, Chapter 13,...