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Michael Barnett
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Interest to unsecured creditors not required in chapter 13 even if debtors do not pay all disposable income
  A not uncommon issue in chapter 13 cases is what happens when debtors are paying 100% to unsecured creditors but are not committing all their disposable income to the plan in the process.  The chapter 13 trustee's often object, requesting that interest be...
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8th Circuit BAP 0rules bad faith is not grounds to deny amended exemption of assets disclosed post-petition
  The Bankruptcy Appellate Panel of the 8th Circuit had opportunity to examine whether failure to timely disclose assets, even if in bad faith, can preclude the debtor from exempting such assets.  In In re Belew , No. 18-6007, 2018 WL 4231821 (B.A.P. 8th Ci...
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Colorado district court limits when attorneys fees in state court fraud judgment are non-dischargeable
  The appeal in  In re: LINO MIRANDA MUNOZ, Debtor. SUPERIOR CLEANING SERVICE, LLC, Appellant, v. LINO MIRANDA MUNOZ, Appellee. , No. 17-CV-1910-WJM-STV, 2018 WL 4214439,  (D. Colo. Sept. 5, 2018) involved a state court judgment of $3.00 for fraud and $90,7...
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Maine Court Rules on Allowance of Homestead Exemption when State Law limits time to reinvest, and property sold between filing chapter 13 and conversion to chapter 7
   Discussing an issue that arises with some frequency in cases converted from chapter 13 to chapter 7, the court in  In re: JEFFREY J. ROCKWELL d/b/a Rockwell Prods. f/d/b/a Rockwell Prods., Inc., Debtor. , No. 15-20583, 2018 WL 4042859 (Bankr. D. Me. Aug....
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Willful and malicious injury in chapter 13-be aware of §1325(a)(4) - no bar date to complain
   A court in San Diego has the opportunity to interpret a seldom-used statute regarding willful and malicious injury allegations in a suit filed after the deadline to file a 523(a)(6).  The court in  In re Ang , No. AP 17-90114-CL, 2018 WL 3965208  (Bankr....
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5th Circuit excludes delivery and setup costs from valuation of lien on mobile home
  The 5th Circuit had an opportunity to interpret the 'without deduction for costs of sale or marketing' language of §506(a) with respect to the valuation of a lien on a mobile home in  In the Matter of: KAYLA GLENN, Debtor 21ST MORTGAGE CORPORATION, Appell...
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Judge Mark finds PACA claims do not give rise to defalcation in fiduciary capacity under 523(a)(4)
  In  In re: ROBERT ANTHONY ARTHUR & KALAIVANI ARTHUR, Debtors. COOSEMANS MIAMI, INC., Plaintiff, v. ROBERT ANTHONY ARTHUR & KALAIVANI ARTHUR, Defendants. , No. 17-17829-BKC-RAM, 2018 WL 3816761 (Bankr. S.D. Fla. Aug. 7, 2018)  Judge Mark ruled on a §523(a)...
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5th Circuit finds that proceeds from sale of chapter 13 debtor's home must be turned over to debtor upon voluntary dismissal
    In  Matter of Lopez , No. 17-50297, 2018 WL 3626628 (5th Cir. July 31, 2018) the chapter 13 Debtors sold their Texas home post-petition, and did not use the funds to purchase another home.  The chapter 13 was filed in 2009, and confirmed.  In 2014 the d...
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9th Circuit finds that post-petition homeowners assessments are dischargeable in chapter 13
Ruling on an issue of great concern to the debtor's bar, the 9th Circuit reversed the district court's affirmance of the bankruptcy court's summary judgment in favor of a condominium association holding that post-petition assessments were nondischargeable i...
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10th Circuit rules that post-petition condo association payment on surrendered property is discharged in chapter 13
  Ruling on an issue of great concern to the debtor's bar, the 9th Circuit reversed the district court's affirmance of the bankruptcy court's summary judgment in favor of a condominium association holding that post-petition assessments were nondischargeable...
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