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Voluntary Retirement Contributions Not Disposable Income in the 9th

By Cathy Moran, Esq. Filed Under: Chapter 13

voluntary retirement deduction

Contributions to an employer-sponsored retirement plan going forward are excluded from disposable income in Chapter 13, says the 9th Circuit in Sadana, 19 years after BAPCPA became law. What took so long? Words in the statute matter Congress, in its BAPCPA-typical awkward fashion, said right there, in 541(b)(7)’s hanging paragraph, that amounts withheld for voluntary […]

Filed Under: Chapter 13 Tagged With: 2024, deduction, disposable income, retirement

Rescuing A Troubled Chapter 13: The Unseen Threat

By Cathy Moran, Esq. Filed Under: Chapter 13

chapter 13

We all get sucked in, at some time, to trying to rescue a Chapter 13 bankruptcy case gone bad. Dismiss and refile is often an appealing strategy. But, make sure that you don’t let a bad situation get worse. Get your arms around Bankruptcy Code §109(g). When only a do-over will do, don’t wait around. […]

Filed Under: Chapter 13

Parker: Sweet Decision On Stay Violations

By Cathy Moran, Esq. Filed Under: Chapter 13

bankruptcy stay violation

I don’t know just what makes Parker such a treat for me, but it delivers multiple thrills to my bankruptcy lawyer heart. It’s a stay violation case with a BIG sanctions award. It’s a clearly, simply written opinion that lays out the circuit law on multiple issues. It hits hard at HOA hubris. It analyzes […]

Filed Under: Chapter 13 Tagged With: 2021, hoa, stay violation

Chapter 13 Discharge Expanded by COVID Relief Legislation

By Cathy Moran, Esq. Filed Under: Chapter 13

Chapter 13 discharge

Chapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated Appropriations Act of 2021, signed December 27, 2020 by the president. Debtors may get a full -compliance discharge of dischargeable debts if they have a residential mortgage and have not made all the payments required by their plan. See the […]

Filed Under: Chapter 13 Tagged With: 2020, COVID

Analyzing The Troubled Chapter 13: 20,000 Questions Under The Surface Of The Case

By Cathy Moran, Esq. Filed Under: Chapter 13

convert, modify or dismiss

After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we’ll be called on to guide clients forward, in one direction or another. Let’s review the questions we’ll need to answer in order to provide […]

Filed Under: Chapter 13

Untangling The Converted Bankruptcy Case

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, Chapter 13, Counseling clients

Conversion to Chapter 7 from Chapter 13 usually comes amid some sort of train wreck. The debtor has defaulted on plan payments, decided to surrender the house, or even got a loan modification that allows him to keep the house. Often, there is pressure to convert the case before it is dismissed. In the bustle, […]

Filed Under: Bankruptcy Practice, Chapter 13, Counseling clients Tagged With: conversion

Keeping Watch Over Chapter 13 Claims

By Cathy Moran, Esq. Filed Under: Chapter 13

Do you remain on watch in your client’s Chapter 13 after confirmation? The attorney for the couple in my office yesterday apparently thought she was off duty after confirmation. As a result, the debtors paid more than $30,000 to the wrong creditor, the mortgage arrears weren’t paid, and their case is on the verge of dismissal […]

Filed Under: Chapter 13

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