In assessing whether a debtor’s bankruptcy case was filed in good faith for the purpose of Code § 362(c)(3)(B), courts have considered the following non-exhaustive list of factors: (1) the timing of the petition, (2) how the debtor’s debts arose, (3) the debtor’s motive, (4) how the debtor’s actions affected creditors, (5) why the debtor’s…
Will Relief from Stay Be Granted Where Chapter 13 Debtor Did Not Establish The Ability to Cure the Default Arrearage?
As reported by Robin Miller of CBAR, in In re Moore, 2014 WL 4855011 (Bankr. W.D. Mich., Sept. 23, 2014), the Chapter 13 debtor’s balloon mortgage had matured prepetition, and the debtor did not show that she would be able to refinance the mortgage within a reasonable time, the court granted the mortgage creditor’s motion…
Can a Bankruptcy Court Limit the Pre-Confirmation Fees of a Noted Bankruptcy Attorney?
Yes. As reported by Robin Miller of CBAR, in In re Ulrich, 517 B.R. 77 (Bankr. E.D. Mich., Sept. 5, 2014), Chief Bankruptcy Judge Phillip J. Shefferly, held that despite the Chapter 13 debtor’s law firm’s “demonstrated skill and expertise in many bankruptcy cases before this Court, and its success in confirming the second amended…
Is a Debtor’s Obligation to Pay One-Half of Child’s College Expenses was Not a “Super Dischargeable” Support Obligation?
No. In In re Larson-Asplund, 519 B.R. 682 (Bankr. E.D. Mich., Oct. 8, 2014), Chief Bankruptcy Judge Phillip J. Shefferly held that the Chapter 13 debtor was not judicially estopped from asserting that his obligation, under the terms of a consent judgment entered in the debtor’s earlier divorce case, to pay one-half of his children’s…
Can a Chapter 13 Plan That Merely Delays Payment to the Largest Creditor was Not Proposed in Good Faith?
No. As reported by Robin Miller of CBAR, a Debtor has burden of proving that Chapter 13 plan was proposed in good faith after issue is raised. Once the issue of a Chapter 13 debtor’s good faith has been raised by the trustee, a party in interest or the court, the debtor has the burden…
Will Bankruptcy Court Allows a Chapter 13 Fee Application for Objections to Stale Claims?
Yes. As reported by Robin Miller of CBAR, the Court in In re Alexander, 2014 WL 5449653 (Bankr. E.D. Tenn., Oct. 22, 2014) allowed Chapter 13 debtors’ attorney’s supplemental fee application for objections to stale claims. The court allowed the Chapter 13 debtors’ attorney’s supplemental fee application for $631.24 in fees and expenses for objecting…
Can a Debtor Satisfy the Good Faith Prong of the Brunner Test If They Decline to Participate in an Income-Contingent Repayment Plan?
Yes. As reported by Robin Miller of CBAR, a Debtor with limited earning capacity satisfied Brunner test for discharge of student loan debt. The 35-year-old Chapter 7 debtor, who was divorced with two minor children, satisfied the second, or “additional circumstances,” prong of the Brunner “undue hardship” test for the discharge of student loan debt,…