Molleur Law Blog

Supreme Court Decides Two Cases

Posted on 06/28/2010 at 12:00 am | Viewed 1,505 times

The U.S. Supreme Court recently issued several decisions in consumer bankruptcy court cases.

Each case addressed an issue that divided the circuit courts across the country. In the case of Schwab v. Reilly, the Supreme Court held that where a debtor claims a certain dollar exemption in property, the exemption is limited to the

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Recent Supreme Court decisions

Posted on 03/26/2010 at 12:00 am | Viewed 1,179 times

There have been several important US Supreme Court decisions recently. The first is Milavetz v. United States in which the Supreme Court ruled that debtors’ bankruptcy counsel are “debt relief agencies”. The Bankruptcy Code requires debt relief agencies to provide certain

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First Circuit Holds Alimony Penalty Dischargeable

Posted on 11/09/2009 at 12:00 am | Viewed 775 times

The First Circuit Court of Appeals recently decided the case of In re Nelson Smith, in which the issue of a penalty payment on an alimony obligation was determined to not be a domestic support obligation.  In Smith, a debtor had been ordered to pay certain alimony obligations as part of a divorce judgment.  The judgment further

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Phantom Expenses on Means Test

Posted on 08/29/2009 at 12:00 am | Viewed 887 times

The First Circuit Court of Appeals, in In re Rudler,  recently ruled that above median income Chapter 7 debtors may take Means Test deductions for payments on debts secured by property that they intend to surrender.  This issue has been hotly contested around the country with the United States Trustee taking the position that the

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Unlisted Debts Not Discharged

Posted on 05/11/2009 at 12:00 am | Viewed 752 times

The First Circuit Court of Appeals recently ruled that unlisted debts remain undischarged in a no asset Chapter 7 case, in Colonial Surety Company v. Weizman, decided May 6, 2009.  The First Circuit recognized that there was a difference of opinion on this issue in other circuit courts of appeal.  Maine Bankruptcy Judge Haines in the

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BAP Reverses Bankruptcy Court

Posted on 03/19/2009 at 12:00 am | Viewed 711 times

The First Circuit Bankruptcy Appellate Panel recently reversed a decision of the Maine Bankruptcy Court in the case of In re Lumb.  Lumb, represented by Joseph Goodman, Esq. of Portland, Maine, filed a Chapter 7 bankruptcy petition in 2001.  After filing, a creditor, Nahabet Cimenian, threatened to sue Lumb's wife if Lumb didn't pay

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Means Test Ruling in Maine

Posted on 11/30/2008 at 12:00 am | Viewed 548 times

The Maine Bankruptcy Court issued a ruling on November 18, 2008 on the means test in the case of In re Coffin.  Coffin filed a Chapter 13 bankruptcy case and filed a Chapter 13 plan.  A creditor and the Chapter 13 Trustee objected to the plan on the grounds that the means test required Coffin to pay more money into his payment plan

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Introduction to Exemptions

Posted on 12/30/2006 at 05:20 pm | Viewed 1,151 times

Bankruptcy Article #5

A. State Exemptions

There are two statutory exemptions schemes available under the Bankruptcy Code. The federal exemptions, 11 U.S.C. Section 522, are available if permitted under state law. States are allowed to "opt - out" of the federal exemptions pursuant to Section 522(b) (1). Maine has chosen

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Why Choose Chapter 13 Over Chapter 7?

Posted on 11/29/2006 at 05:31 pm | Viewed 3,283 times

Bankruptcy Article #12

The #1 reason for choosing Chapter 13 bankruptcy over chapter 7 is to save your home from foreclosure.

»See the List of Nine Reasons.

• Who makes a good candidate for Chapter 13 Bankruptcy?
• Nine Reasons to file for Chapter 13

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Dischargeability of Taxes

Posted on 11/05/2006 at 05:23 pm | Viewed 1,148 times

Bankruptcy Article #7

In a Chapter 7 case, Section 523 of the Code determines which tax debts are non-dischargeable. Included are:

1. Taxes entitled to priority under Section 507(a). See Section 523 (a) (1) (A).
2. A tax due upon filing a return, but the return is not filed. Section 523(a) (1) (B)

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