Archive for March 2018

2018 WL 1279252, United States Bankruptcy Appellate Panel of the Sixth Circuit, IN RE: Tony Dian PERKINS, Debtor. Farmers plan confirmed. Chapter 12 of the Bankruptcy law was to “give family farmers facing bankruptcy a fighting chance to reorganize their debts and keep their land.” [citation omitted]. Prior to Chapter 12, family farmers could proceed…

The six year delay between debtor’s chapter 7 discharge and the commencement of his dischargeability adversary proceeding regarding student loans does not require dismissal of the complaint; since there is no explicit time period for commencing an adversary regarding student loans; although the court cited to case that indicated 13 years was too long. Gimbel,…

In In re Chorba, 2018 WL 1219555, the Court found no basis to bar the debtor’s claims under the doctrine of res judicata due to her confirmed plan. Moreover, under Midland Funding case, the creditors’ proofs of claim, based on their right to payment on the purchased debt, can stand, subject to the claims allowance…

In the MATTER OF: Curtis Harold DEBERRY, 2018 WL 1178353, the Fifth Circuit held that a debtor who owned homestead property on the date that his Chapter 7 petition was filed and claimed a homestead exemption therein to which no objection was filed, thereby removing homestead property from bankruptcy estate, could sell homestead property postpetition…

March 2018 Bankruptcy Courts Torn on Denying a Chapter 13 Discharge for Failure to Make Direct Payment. If you fail to make direct payments on a nondischargeable debt such as a mortgage, said failure is not grounds for denying your chapter 13 discharge, according to Bankruptcy Judge Thomas L. Perkins of Peoria, Ill. Judge Perkins…