Tucson Bankruptcy Blog
In the case of In re Parks, the Bankruptcy Appellate Panel for the Ninth Circuit held that only pre-petition 401(k) contributions shall not constitute disposable income.
Bankruptcy Trustee Turnover Power is Not Limited to Property In Possession at Time of Turnover Motion
In the case of Shapiro v. Henson, 739 F. 3d 1198 (2014), the Ninth Circuit Court of Appeals held that a bankruptcy trustee’s power to compel turnover of estate property is NOT limited to entities having possession, custody, or control of such property at the time the trustee files the motion for turnover.
The Ninth Circuit Court of Appeals found that a creditor does not have a purchase money security interest (PMSI) in the portion of the debtor’s car loan related to negative equity of a vehicle traded in at the time of a new vehicle purchase; thus, the negative equity portion of the claim may be bifurcated as unsecured.
Ninth Circuit Court of Appeals held that the debtor was required to include her private disability insurance benefits in the calculation of Current Monthly Income (CMI), and that a subsequent inclusion of the benefit in the CMI triggered a presumption of abuse of Chapter 7 Bankruptcy under 11 U.S.C. § 707(b)(2).
Under the Arizona bankruptcy exemptions, a vehicle used by the debtor primarily for business purposes, must be claimed under the “Tools of the Trade” exemptions under A.R.S. § 33-1130.
In 2015, in the case of In re Schwartz-Tallard, the Ninth Circuit Court of Appeals held that § 362(k) “authorizes an award of attorney’s fees incurred in prosecuting an action for damages” in cases where creditors violate the automatic stay….