Tag Archive: § 1325(a)(5)

• Case Bites: Interesting Issues and Decisions from This Week’s Cases

  Posted by NCBRC - August 9th, 2019

  Issues discussed in cases below:

  • In a Chapter 20 cramdown of a junior lien, can the junior lienholder file an unsecured claim for the amount of the voided lien? (9^th Cir. BAP)
  • Can an heir to real estate cram down a reverse mortgage in chapter 13? (Bankr. S.D.Miss.)
  • Does a non-filing ex-spouse have to ask the bankruptcy court for permission to modify a domestic support order in the divorce case? (Bankr. N.D.IL.)
  • Is the confirmation of a chapter 13 plan res judicata on the amount of mortgage arrears? (Bankr. W.D.PA.)
  • Can a bankruptcy abstain from reopening a bankruptcy when the Debtors have been litigating dischargeability in state court? (Bankr. N.D.GA.)
  • Is surrender of secured collateral post-confirmation per se bad faith to justify denial of the plan amendment? (Bankr. E.D.WI.)

  To read more click here.

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• HAVEN Act Guide

  HAVEN Act Guide 2019

   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. 

  This Guide provides an overview of the HAVEN Act identifies benefits that are excluded, and answers frequently asked questions.

   

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