chapter 13

Keep a Tax Refund After Filing Chapter 13 Bankruptcy


Keeping a tax refund after filing a Chapter 13 bankruptcy case is commonly done in Massachusetts, and should be allowed across the country.


Chapter 13 Trustee Dismissal Motion Denied, Court Says Debtor in Good Faith


In re Henry Walker, 12-32098, SD TX In this case, the Debtor had failed to disclose that he had settled a lawsuit before filing bankruptcy, and that he had repaid his grandmother $7000 from the settlement. The Chapter 13 Trustee David Peake found out about it, and filed a Motion to Dismiss, arguing that the Debtor was not prosecuting his case in “good faith” as required by the Bankruptcy Code.


Can A Bankruptcy Continue After Death Of Debtor?


One of Benjamin Franklin’s most famous quotes is:  “Certainty? In this world nothing is certain but death and taxes.”


In Defense of Bankruptcy Courts (or, Is Bankruptcy Really That Exceptional?)


Although not always acknowledged expressly, exceptionalism is pervasive in bankruptcy scholarship. Some work makes no attempt to contexualize bankruptcy within the federal courts, apparently assuming its unique qualities (for example, the disinterest in most bankruptcy venue scholarship about venue laws applicable to other multi-party federal litigation). But other projects are more deliberate in their exceptionalist pursuits.


Consumer Bankruptcy Fee Study


I have just finished reading Lois Lupica’s paper on her impressive
consumer bankruptcy fee study

This is a model of what empirical, law-and-society research should be –
it combines data from electronic court records with focus groups and key player
interviews to give a textured understanding of the role lawyer’s fees play in
this particular legal system. 


How to Afford Bankruptcy, Followup


The Fifth Circuit, covering Texas, Louisiana, and Mississippi, has joined the First Circuit in ruling that there is no per se prohibition against fee-only Chapter 13 filings.


Do Your Research, Ezra Klein!


Ezra Klein has joined the melee over the Obama Administration's housing policy failure with an apologia for the Administration.  Klein argues: 

The right question on housing, then, is not whether the administration’s policies proved insufficient. They did. It’s what would have been better. And that’s not a question that either Appelbaum or Goldfarb conclusively answer. It’s not even a question that the most credible critics of the Obama administration’s housing policies conclusively answer.