Ninth Circuit Holds That Chapter 13 Plan Must Continue for 60 Months Even Though Debtor Has No Projected Disposable Income

Summary:  On August 19, 2013, the United States Court of Appeals for the Ninth Circuit, sitting en banc, in Danielson v. Flores (In re Flores), held that a Chapter 13 debtor whose current income is above the “median family income,” but with no “projected disposable income,” must still commit to plan payments for at least… Continue reading Ninth Circuit Holds That Chapter 13 Plan Must Continue for 60 Months Even Though Debtor Has No Projected Disposable Income

Fifth Circuit Rules That Passive Creditor’s Lien Passes Through Bankruptcy Unaffected

Summary:  On August 5, 2013, the United States Court of Appeals for the Fifth Circuit in Acceptance Loan Co., Inc. v. S. White Transportation, Inc. (In re S. White Transportation, Inc.), ____________ (5th Cir 2013), held that a secured creditor, with a lien on the debtor’s assets and notice of the bankruptcy case, that did… Continue reading Fifth Circuit Rules That Passive Creditor’s Lien Passes Through Bankruptcy Unaffected