Type: Amicus
Date: February 26, 2021
Description: Whether chapter 7 trustee abandons cause of action asset under section 554(c) when the cause of action is fully disclosed and he determines that it lacks value to the estate, but the debtors listed the asset in their SOFA rather than in their schedules.
Result: Judgment affirmed, Oct. 19, 2021.
Stevens v. Whitmore, No. 20-60044 (9th Cir.)
Posted by NCBRC - March 1, 2021
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The Honoring American Veterans in Extreme Need Act of 2019 (“HAVEN Act”) excludes certain benefits paid to veterans or their family members from the definition of current monthly income (“CMI”) found in the Bankruptcy Code. The HAVEN Act amends § 101(10A) of the Bankruptcy Code and supplements the 2005 amendments to the Code that excluded other government benefits, such as social security income.
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