Abstract:
The debtor-creditor relationship has always been intertwined with notions of morality. Failing to pay oneās financial obligations has traditionally been met with social opprobrium, internal shame, and external stigma. This dynamic did not change with the advent of American bankruptcy law. Indeed, for much of the twentieth-century, scholars have studied and debated whether the stigma associated with filing for bankruptcy has declined over the years, particularly in the 1980s and 1990s when the number of consumer bankruptcy filings increased dramatically.
Summary:
Ms. Hamilton-Conversano filed Chapter 7 without her husband. Other than the coupleās secured debts, Mr. Conversano had no debts of his own and Mrs. Hamilton-Conversano had one American Express card, with a balance of $46,669.52, which they had jointly used to pay for all household expenses.
In completing her Means Test, Ms. Hamilton-Conversant took a āmarital adjustmentā to her husbandās contribution to her Current Monthly Income including $417.86, for the full monthly cost of their childās private school.
Summary:
On appeal from the bankruptcy court decision in Baum v. Baum, the district court reviewed whether debts between separated spouse are discharged under 11 U.S.C.
Summary:
Ms. Hector, a realtor with income subject to fluctuation dependent on sales, filed Chapter 7, but did not include her Domestic Partner in her household size nor any income contribution, as their finances and expenses were neither commingled nor shared. Ms. Hector did not assist her Domestic Partner with housing expenses, but did pay all for all groceries and cleaning supplies for both. As such, Ms. Hector claimed deductions for housing and utility expenses on the Means Test.
Law Review: Taylor, Aaron & Sheffner, Daniel - Oh, What a Relief It (Sometimes) Is: An Analysis of Chapter 7 Bankruptcy Petitions to Discharge Student Loans
Abstract:
Conventional wisdom dictates that it is all-but-impossible to discharge student loans in bankruptcy. This contention, however, misstates the fact that bankruptcy discharge of student loans is possibleāand it happens.
Summary:
Mr. Matusakās plan provided, obviously among things, that he was required to produce verified updated Schedules of income and expenses during the 36 months Applicable Commitment Period of his plan whenever such were requested by the Chapter 13 Trustee or Ms. Brown, his ex-wife and a creditor. Based on that financial information, Ms. Brown filed a motion to modify Mr. Matusakās plan in November 2016, seeking both an increase in the monthly payment and an extension of the plan from 36 to 60 months.
Prior to the hearing on the Motion to Modify
Summary:
In determining whether 11 U.S.C. § 707(b) was applicable, the bankruptcy court held that despite the debtors having thirteen consumer debts totaling $296,775.43 and eight business debts totaling $294,595.56, ā[b]ecause of how easily a mortgage can skew the claims in favor of consumer debtā the debt secured by real property should be excluded from this consideration. In re Jones, 2009 WL 102442, *1 (Bankr. E.D.N.C. Jan. 12, 2009) (citing In re Booth, 858 F.2d 1051, 1054 (5th Cir. 1998)).
Abstract:
By compiling a novel data set from bankruptcy court dockets recorded in Delaware between 2001 and 2002, the authors build and estimate a structural model of Chapter 13 bankruptcy. This allows them to quantify how key debtor characteristics, including whether they are experiencing bankruptcy for the first time, their past-due secured debt at the time of filing, and income in excess of that required for basic maintenance, affect the distribution of creditor recovery rates.
Summary:
On March 23, 2017, the bankruptcy lifted the automatic stay for Peak Leasing with regard to one of four trailers Mr. Price had obtain from Peak and took under advisement whether the remaining claims were ātrue leasesā or disguised PMSIs.
Summary:
Mr. And Mrs. Cox, through their then attorney, entered into a settlement agreement in a civil forfeiture action brought for the collection of taxes, wherein they agreed to pay the government more than $3 million and granted Deeds of Trust against thirty-five tracts of land located throughout Alabama and North Carolina. After entering into this settlement, the government then initiated criminal prosecution of both of the Coxes and they subsequently pleaded guilty, with Mr. Cox being sentence to 33 months imprisonment, Mrs.