May 18, 2015
by Jaclyn Belczyk
The US Supreme Court ruled unanimously Monday in Harris v. Viegelahn that a debtor who converts to Chapter 7 is entitled to return of any postpetition wages not yet distributed by the Chapter 13 trustee. Petitioner Charles Harris, after filing a voluntary petition for Chapter 13 bankruptcy and ...[read more]
May 4, 2015
by Bradley McAllister
The US Supreme Court ruled Monday in Bullard v. Blue Hills Bank that a bankruptcy court's order denying confirmation of a debtor's proposed repayment plan is not a final order that the debtor can immediately appeal. Chief Justice Roberts wrote the opinion for a unanimous court. In the opinion, the ...[read more]
April 1, 2015
by Taylor Gillan
The US Supreme Court heard oral arguments Wednesday in two bankruptcy cases. In Harris v. Viegelahn the court must decide "whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the former Chapter 13 trustee ...[read more]
January 11, 2013
by Arjun Mishra
On January 11, 2011, the US Supreme Court ruled that debtors applying for a Chapter 13 bankruptcy cannot count a car as a deduction in their repayment arrangement if the debtor has already paid off the vehicle. Justice Elena Kagan authored her first opinion in the 8-1 decision in Ransom v. FIA ...[read more]
January 11, 2011
by Zach Zagger
The US Supreme Court on Tuesday ruled 8-1 in Ransom v. FIA Card Services, N.A. that debtors who apply for Chapter 13 bankruptcy cannot use a car payment as a deduction from their repayment plan if the debtor has paid off the automobile. The opinion was the first authored by Justice Elena Kagan, ...[read more]
June 7, 2010
by Dwyer Arce
The US Supreme Court on Monday ruled 8-1 in Hamilton, Chapter 13 Trustee v. Lanning that the projected disposable income of a debtor filing Chapter 13 bankruptcy must be calculated using the forward-looking approach. In finding so, the court resolved a dispute about the meani... ...[read more]
March 23, 2010
by Jaclyn Belczyk
The US Supreme Court on Tuesday ruled unanimously in United Student Aid Funds, Inc. v. Espinosa that a bankruptcy court can discharge a student loan debt even if the student has not filed a claim of undue hardship under 11 USC 523. The ruling affirms a decision from the US Court... ...[read more]
March 22, 2010
by Jaclyn Belczyk
The US Supreme Court heard oral arguments Monday in two cases. In Hamilton, Chapter 13 Trustee v. Lanning, the court heard arguments on whether, in calculating a debtor's projected disposable income, a bankruptcy court may consider evidence suggesting that the debtor's income or... ...[read more]
November 2, 2009
by Jay Carmella
The US Supreme Court on Monday granted certiorari in three cases. In Hamilton, Chapter 13 Trustee v. Lanning, the Court limited its grant of certiorari to hether, in calculating the debtor's 'projected disposable income' during the plan period, the bankruptcy court may consider ev... ...[read more]
June 26, 2009
by Andrew Wood
Robert Applebaum: The US Supreme Court has recently granted certiorari to United Student Funds, Inc. v. Espinosa, agreeing to consider whether student loans may be discharged in bankruptcy under the limited circumstances wherein the creditor fails to object to a discharge plan which includes... ...[read more]

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