Supremes: Postpetition Taxes Are Not “Incurred by the Estate”

May 18, 2012 — In a Chapter 12 case with clear implications for Chapter 13 practice, the Supreme Court concludes that postpetition taxes on the sale of estate property are not incurred by the estate, are not administrative expenses collectible through the plan and are not dischargeable at the completion of payments. Hall v. United States, No. 10-875, 2012 WL 1658486 (U.S. May 14, 2012).

How to Calculate Payments after Modification of a Mortgage

May 18, 2012 — Bankruptcy Judge Kimball has tackled the difficult calculation of payments when a mortgage is not protected from modification and the plan crams down the debt, cures default and maintains payments—including how to calculate payments on the modified secured debt when the note provides for adjustable interest. In re Gilbert, No. 11-28496-EPK, 2012 WL 669858 (Bankr. S.D. Fla. Feb. 28, 2012) (Kimball).

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Latest Case Updates &
Revisions to Chapter 13 Bankruptcy, 4th Ed.

Added Thursday, December 1, 2011:
81 New Cases Added to the Updater.

Added Tuesday, October 18, 2011:
176 New Cases Added to the Updater.

Added Friday, September 23, 2011:
89 New Cases Added to the Updater.

Added Monday, August 30, 2011:
128 New Cases Added to the Updater.

Added Wednesday, August 17, 2011:
173 New Cases Added to the Updater.

Added Wednesday, July 20, 2011:
125 New Cases Added to the Updater.

Added Wednesday, June 21, 2011:
179 New Cases Added to the Updater.

Added Wednesday, June 1, 2011:
174 New Cases Added to the Updater, and 1 Treatise Section was Updated:
§ 476.1  Local Standards: Housing and Transportation

 

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Careful What You Wish For:
State Court Judgment Gives Debtor
Standing to Avoid Preference

You may remember the decision of the Bankruptcy Appellate Panel for the Sixth Circuit in Dickson v. Countrywide Home Loans (In re Dickson), 427 B.R. 399 (B.A.P. 6th Cir. Apr. 12, 2010) (Fulton, McIvor, Shea-Stonum). The interesting holding by the BAP in Dickson was that a Chapter 13 debtor had “derivative standing” to pursue the preferential perfection of a lien on a manufactured home when the trustee declined to bring the action. On further appeal, the United States Court of Appeals for the Sixth Circuit has affirmed the BAP, but the Circuit found a different and equally interesting logic: the Chapter 13 debtor has direct standing to avoid the preferential perfection of a lien when the creditor took a default judgment during the preference period. Dickson v. Countrywide Home Loans (In re Dickson), No. 10-5580, 2011 WL 3768684 (6th Cir. Aug. 26, 2011) (Norris, Gibbons, Griffin).

POSTPETITION DSOs
RUN AMOK IN EIGHTH CIRCUIT

Of course, it’s not uncommon for strange facts to make strange law. But the outcome found by the United States Court of Appeals for the Eighth Circuit in Burnett v. Burnett (In re Burnett), 646 F.3d 575 (8th Cir. July 20, 2011) (Smith, Beam, Benton), may be the product of both strange law and strange facts with respect to the treatment of domestic support obligations (DSOs) in Chapter 13 cases after BAPCPA.

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