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Everyone Wants a Piece: Handling Post-Petition Funds in Chapter 13 By Christopher Conte Let’s picture this hypothetical: An individual debtor files a typical chapter 13 case. The debtor is above median in income and shows disposable income on Schedules I and J of $500

District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.

Recognition of Income-Based Repayment of Student Debt in Disposable Income By Michael Polkoff Student loan debt has generated significant discourse on how it should be treated during bankruptcy, 1 yet the income-based-repayment (IBR) alternative intended to reduce the

The Exchange: Turning Over Tax Refunds After ACP Expiration to Obtain a Longer Plan Term By Michael T. Brown The Bankruptcy Code 1 limits a chapter 13 debtor with “below-median income” 2 to a repayment term of three years 3 “unless the court, for cause, approves a

Official Form 122C-2 could be read to deprive a chapter 13 debtor of the IRS standard housing deduction when the statute permits the deduction.

Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.

Assessing In re Topp’s Impact on Interest Rates for Secured Creditors By Michael Miller The U.S. Court of Appeals for the Eighth Circuit decided Farm Credit Servs. of Am. FLCA v. Topp (In re Topp) on Aug. 3, 2023. 1 The central issue was this: Does the U.S. Supreme

In the Fourth Circuit, creditors are compensated when there is a ‘substantial improvement’ in a chapter 13 debtor’s financial condition.

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo BAPCPA Did Not Abrogate Absolute-Priority Rule in Chapter 11 Cases Hon. Peter D. Russin of the U.S. Bankruptcy Court for the Southern District of Florida recently ruled that the absolute-priority