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Preclusive Effect Of Bankruptcy Claims And Court Orders On Claims Objections

A recent issue surfaced in a Chapter 13 bankruptcy case related to a mortgage claim. The debtor had filed a previous bankruptcy case during which she had objected to the mortgage creditor’s claim. A hearing was set, but...more

Bankruptcy Schedules: Schedule J

Continuing with our series on bankruptcy schedules, today we’ll look at Schedule J, which is used to provide information about your monthly expenses. Schedule J is usually not discussed without discussing it in conjunction...more

The Means Test

The Means Test was a change that was added by the 2005 changes to the bankruptcy law.  It’s designed to force those that make over a certain amount to file a Chapter 13 bankruptcy instead of Chapter 7 under the theory that if...more

Bankruptcy Court | Shared Responsibility Payments | Affordable Care Act

Case: Szczyporski v. Internal Revenue Service (In re Szczyporski), No. 21-01858 (3d Cir., May 11, 2022). In a recent case out of the 3rd Circuit, the Court of Appeals affirmed a ruling emanating from the Bankruptcy...more

Turnover of Tax Refunds in Bankruptcy

Case: In re Shaikh, Case No. 19-80436-TLM (Bankr. E.D. Okla., March 4, 2022) - This case addresses an intersection of tax and bankruptcy law related to tax refunds. Specifically, it looks at the issue of whether and when...more

Bankruptcy and Non-Dischargeability Causes of Action

This adversary proceeding in Rennaker v. Davis, Case No. 20-04065 (Bankr. N.D. Tex., Nov. 9, 2021), involves a litany of non-dischargeability allegations – both under 11 U.S.C. §523 and §727. Judge Mark Mullin’s opinion...more

Bankruptcy in the Northern District of Texas and Attorneys’ Fees

In re Shayne Allan Steen and Tracie Melissa Cole, Case No. 20-50042 (Bankr. N.D. Tex, July 7, 2021) deals with a debtor’s attorneys’ fees incurred in defending the debtor in a non-dischargeability adversary proceeding filed...more

Bankruptcy: The Mechanics of Exemptions and Related Issues

Most bankruptcy attorneys have a basic level of understanding of the how exemptions work. At a very broad level, a claim of exemptions removes property of a consumer debtor (note that business debtors are not afforded...more

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