Who’s tax refund is it? In re Gartman, 372 B.R. 790 (Bankr. S.C., 2007) In re Gartman, 372 B.R. 790 (Bankr. S.C., 2007) This is an issue of first impression in this district. Bankruptcy courts in other districts have adopted three different approaches to determine the portion of a tax refund to which a debtor’s… Read More »Who’s tax refund is it?
Is my kid’s vehicle property of the estate? Pursuant to 11 U.S.C. § 541(a), property of the estate is comprised of “all legal and equitable interests of the debtor in property as of the commencement of the case.” 11 U.S.C. § 541(a). Section 541(d) of the Bankruptcy Code provides, Property in which the debtor holds, as… Read More »Is my kid’s vehicle property of the estate?
Court disallows cash exemption for cash surrender value in life insurance.
Vehicle purchase prior to bankruptcy.
Tax Refunds, Retirement Deductions and the Means Test Debtors are not entitled to a deduction for Mr. Stanley’s monthly repayments of their retirement loan. The majority of courts that have considered whether debtors are allowed deductions for loan repayments on their retirement savings plans have found that no such deduction should be allowed. The [South… Read More »Tax Refunds, Retirement Deductions and the Means Test
Student Loan Discharge and Retirement Accounts
Wyoming Court holds that adult children are not included in the means test Ohio Court holds that an adult child may be included if they are actually supported the six months prior to filing. An adult child living with Debtor does not have to claim the income of an adult child living with them. South… Read More »Adult children and the means test
Preference. Why you may owe after a bankruptcy or why you may need to wait to file. 11 U.S. Code § 547.Preferences(b)Except as provided in subsections (c) and (i) of this section, the trustee may avoid any transfer of an interest of the debtor in property—(1)to or for the benefit of a creditor;(2)for or on account of an antecedent debt owed by the debtor before such transfer was… Read More »Preference. Why you may owe after a bankruptcy or why you may need to wait to file.
Missouri Nebraska
United States v. Martin (In re Martin), 542 B.R. 479 (B.A.P. 9th Cir., 2015) 11 U.S. Code § 523.Exceptions to discharge (a)A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt—(1)for a tax or a customs duty—(A)of the kind and for the periods specified in section 507(a)(3) or 507(a)(8) of this title, whether or not aclaim for such… Read More »Tax liability from un filed tax returns.