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Page 34 of 799
Tenth Circuit to Decide Dispute Over Child Tax Credit Exemption in Bankruptcy
Facts The Tenth Circuit is reviewing a case that centers on Colorado’s bankruptcy exemption statute, which allows debtors to exempt the “full amount” of tax refunds attributed to the Child Tax Credit (CTC). The debtor, Jose L. Garcia-Morales, filed for Chapter 7 bankruptcy in 2021 and claimed an exemption for his $1,800 CTC, which resulted […]
Tags: bankruptcy, Exemptions
January 14, 2025
Eleventh Circuit to Decide Key Issues in Post-Confirmation Plan Modifications
Facts In In re Conte, the Eleventh Circuit is reviewing a decision from the District Court for the Southern District of Alabama that upheld a bankruptcy court’s denial of a Chapter 13 trustee’s motion to modify confirmed plans based on debtors’ post-confirmation personal injury settlements.
Tags: bankruptcy, Property of Estate
The Sixth Circuit Reverses Bankruptcy Court’s Denial of Discharge Based on Intent to Hinder Trustee
Facts Jason and Leah Wylie filed for Chapter 7 bankruptcy in 2020 following financial hardships caused by Mr. Wylie’s health issues. Before filing, they delayed filing tax returns for 2018 and 2019. When the returns were filed, the Wylies elected to apply their substantial overpayments from those years to future tax liabilities instead of requesting […]
Tags: bankruptcy, good faith, intent to hinder
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