Carroll v. Logan A bankruptcy court did not err in applying 11 U.S.C. § 1306(a) to extend the 180-day deadline and include in debtors’ Chapter 13 bankruptcy an inheritance that postdated the petition by more than 180 days; the 4th Circuit says the plain language of § 1306(a) blocks debtors from depriving their creditors of a part of their windfall acquired before their Chapter 13 case was closed, dismissed or converted.

Tagged with: Chapter 13

In re Mattick Where the court finds that a Debtor is acting in bad faith by moving to dismiss a Chapter 13 bankruptcy petition, the Debtor does not have an absolute right to dismiss, and the court may convert the case to Chapter 7 bankruptcy.

Tagged with: Chapter 13

Johnson v. Zimmer It’s not just “heads on the beds” that count when a bankruptcy court is trying to determine “household” size for a Chapter 13 debtor in a “blended” household that includes children and step-children who are part-time residents, but the “economic unit,” the 4th Circuit says in this first-impression case for all circuit courts; debtor may amend her plan to reflect a household of five, not seven.

Tagged with: Bankruptcy Chapter 13 Domestic Relations first impression parent & child

Morris v. Quigley A chapter 13 debtor who planned to turn over to secured creditors two ATVs, for which she paid $163 per month, should have accounted for that additional income in calculating her projected disposable income, and the 4th Circuit reverses a district court order upholding the bankruptcy court decision that debtor could deduct the monthly payments that she would not be required to make.

Tagged with: Bankruptcy Chapter 13