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Michael Barnett

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Nonfiling Spouse's mortgage payments allowed as marital adjustment on means test
    A bankruptcy court in Virginia overruled the chapter 13 trustee's objection to confirmation, finding that the mortgage payments on which only the non-filing spouse was liable, was properly allowed as a marital adjustment reducing the income of the non-f...

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Excessive spending leads to §521(a)(1)(C) nondischargeability ruling
  An investment professional with $3,800,000 debt to the IRS debt from the 2001 taxes lost a §521(a)(1)(C) proceeding when he made over $22 million income following the 2001 tax year and lived a lavish lifestyle.  In re: MATTHEW L. FESHBACH & KATHLEEN M. FE...

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Orlando District Court reverses fraudulent transfer finding, details Tenancy by Entireties exemptions in financial accounts
  A finding that a transfer of funds from a joint account to the wife's account created an avoidable fraudulent transfer was reversed and remanded in   In Re: KEITH A. YERIAN, Debtor. SUN Y PAK, Appellant, v. RICHARD BLACKSTONE WEBBER, II, as TRUSTEE, Appel...

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Loan for Medical Prep Course fees, and books and living expenses not qualify as educational benefit thus is dischargeable
   The Court ruled that a loan Debtor obtained from Citibank in order to take a course to prepare her for medical school, and for books and living expenses, did not qualify as an educational benefit under 11 U.S.C. 523(a)(8)(A)(ii).    In re Essangui , No. ...

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Chapter 13 debtor's voluntary contribution of $1900/mo to retirement plan allowed deduction on means test, not bad faith to pay $12,117 to unsecured
     A District Court decision in the Southern District of Florida affirmed a bankruptcy decision overruling a objection to a chapter 13 plan by a judgment creditor asserting that the debtor's voluntary contribution of $1900/month to his tax deferred annuit...

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NY Court grants summary judgment against chapter 7 trustee seeking to recover tuition paid for minor child
  A bankruptcy court in New York rejected a chapter 7 trustee's argument that a payment for private school tuition for a debtor's minor child constituted an avoidable transfer in  I n re Michel , No. 14-43471-ESS, 2017 WL 4159952 (Bankr. E.D.N.Y. Sept. 18, ...

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11th Circuit Changes Standard for Judicial Estoppel regarding undisclosed causes of action
    In  Slater v. United States Steel Corp. , No. 12-15548, 2017 WL 4110047 (11th Cir. Sept. 18, 2017) the 11th Circuit has clarified and modified it's rule on when a failure of a debtor to schedule a cause of action in the bankruptcy schedules results in r...

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Lump sum retroactive social security benefit not required to be paid in plan
  A district court reversed a lower court decision requiring debtor to pay 1/2 of the monies he held from a lump sum retroactive social security benefit in  In re: CARL MANZO Debtor/Appellant. , No. 16 C 7218, 2017 WL 3675809 (N.D. Ill. Aug. 25, 2017).  The...

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Valuation of property when chapter 13 is converted to 7, Florida cases
   There may be a disagreement among the Judges in Florida on how to value property when a case is converted from chapter 13 to 7.  Most cases reject the argument that since property vested in the debtors upon confirmation, no further analysis is required u...

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Court allows late amendment of exemption of PI claim initially valued at $0
 In  I n re Hoover , No. 14-40478-CJP, 2017 WL 3044313 (Bankr. D. Mass. July 17, 2017) the chapter 7 debtor initially valued a personal injury claim at $0.  The Debtor had hired state court counsel prior to filing, who was employed by the chapter 7 trustee ...
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