chapter 13 rules

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chapter 13 bankruptcy rules

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More than 10.000 documents for chapter 13 rules

- Debtor Must Complete Counseling Before Filing Chapter 13, Rules U.S. Bankruptcy Appellate Panel
A debtor was not eligible for Chapter 13 bankruptcy status when he did not complete required debt counseling prior to filing his case, the U.S. Bankruptcy Appellate Panel for the Eighth Circuit held. The counseling provision is mandated by the Bankruptcy Abuse Prevention and Consumer Debt Act of 2005 (BAPCPA), which, among other amendments, introduced new eligibility requirements for individuals seeking bankruptcy protection.
- Daily Record and the Kansas City Daily News-Press
- February 28, 2006
- The Supreme Court Rules That Chapter 13 Debtor Cannot Take An Ownership Deduction For A Paid-Off Car
In the first opinion authored by Justice Elena Kagan, the Supreme Court ruled that a Chapter 13 debtor may not deduct the "ownership costs" of a vehic...
- Mondaq Business Briefing
- United States Law Articles in English
- Chapter 13 Debtor Entitled to Vehicle Expense, 1st Circuit Bankruptcy Appellate Panel Rules
A Chapter 13 debtor who had no loan or lease payments was still entitled to deductions for expenses associated with his vehicles, the 1st Circuit Bankruptcy Appellate Panel has ruled in reversing judgment. Chapter 13 of the Bankruptcy Code now requires those with above- median incomes to pay their "projected disposable income" to unsecured creditors for an "applicable commitment period" of 60 months.
- Lawyers USA
- October 29, 2010

- The Supreme Court Rules That Chapter 13 Debtor Cannot Take An Ownership Deduction For A Paid-Off Car.
In the first opinion authored by Justice Elena Kagan, the Supreme Court ruled that a Chapter 13 debtor may not deduct the "ownership costs" of a vehic...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- 1st Circuit Bankruptcy Appellate Panel Rules Debtors Not Eligible for Chapter 13 Relief
A married couple did not meet the income eligibility requirements for Chapter 13 bankruptcy relief - even when taking into account a loan from a family friend, the 1st Circuit Bankruptcy Appellate Panel has ruled in affirming a dismissal. Section 109(e) of the Bankruptcy Code provides that only an "individual with a regular income" is eligible to obtain relief under Chapter 13.
- Lawyers USA
- February 23, 2010
- Hall v. United States, 566 U.S. (2012)
... November 29, 2011-Decided May 14, 2012 Chapter 12 of the Bankruptcy Code allows farmer debtors wi...S. C. §§1398, 1399, it does not "incur" postpetitionfederal income ta... taxes with the IRC separate taxable entity rules for federal taxes. This Court assumes that ...
- U.S. Supreme Court
- 40 CFR 52.1970 - Identification of plan.
Title 40: Protection of Environment. CHAPTER I: ENVIRONMENTAL PROTECTION AGENCY (CONTINUED). SU... transportation control plan submitted on April 13, 1973, by the Governor. (5) Compliance schedules s...(14) Revision to Oregon Administrative Rules (OAR) Chapter 340, sections 25-105 through 25-130,...
- Code of Federal Regulations - Title 40: Protection of Environment
- 6th Circuit Rules Prior Bankruptcy Doesn't Bar Chapter 13 Relief
A discharge of debts in a Chapter 13 case isn't barred by the Bankruptcy Code's new prohibition on the receipt of a discharge of debts within four years of obtaining relief under Chapter 7, the 6th Circuit has ruled. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 added [section]1328(f) to the Bankruptcy Code. The provision states that a Chapter 13 debtor may not receive a discharge of his debts if he "received a discharge ... in a case filed under Chapter 7 ... of this title during the 4-year period preceding" the filing of his Chapter 13 petition.
- Lawyers USA
- December 30, 2008
- Us Bankruptcy Court Rules Gmac Financing Contract Not an Executory Contract in Chapter 13 Plan
General Motors Acceptance Corp. (GMAC) asked the U.S. Bankruptcy Court for the Western District of New York to consider a retail installment contract as an executory contract, in reviewing a Chapter 13 plan in In re: Joseph D. Godsey, Jr. The district's chief bankruptcy judge, Judge John C. Ninfo, II, denied the creditor's objection to the Chapter 13 plan, finding no basis in law to classify GMAC's standard financing contract as executory to have the bankruptcy stay lifted. The court confirmed the debtor's plan to pay the replacement value of the vehicle in question, plus interest as determined by the court. Any balance on the loan would be treated as an unsecured claim.
- Daily Record (Rochester, NY)
- May 24, 2005
- 10th Circuit Rules Chapter 13 Debtor Can Sue Over Unfair Collection Tactics
A plaintiff didn't lose standing to bring a federal suit over unfair debt collection practices when she filed for Chapter 13 bankruptcy protection, the 10th Circuit has ruled in reversing a dismissal. The plaintiff sued various defendants for violating the federal Fair Debt Collection Practices Act. The defendants argued that the plaintiff lacked standing to sue because her Chapter 13 case was still pending and her claims consequently belonged to her bankruptcy estate.
- Lawyers USA
- May 06, 2008