Molleur Law Blog

Requirements of a Chapter 13 Plan

Posted on 02/05/2006 at 05:33 pm | Viewed 1,710 times

Bankruptcy Article #13

Eligibility, Feasibility and Good Faith

Three key components to a Chapter 13 plan are eligibility (whether a debtor is entitled to file a Chapter 13 under the limitations set forth in Section 109(e), feasibility (whether a debtor can fund a payment plan which complies with Section 1322 and 1325),

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Preferential Transfers

Posted on 02/04/2006 at 05:29 pm | Viewed 989 times

Bankruptcy Article #11

Preferences, under the Bankruptcy Code, are transfers of property of the debtor which are avoidable (or reversible), if they are:

1. to or for the benefit of a creditor;
2. for or on account of an antecedent debt owed by the debtor before the transfer was made;
3. made while the

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Fraudulent Transfers

Posted on 02/03/2006 at 05:27 pm | Viewed 986 times

Bankruptcy Article #10

Transfers of property are deemed fraudulent if the transfers are incurred with the actual intent to hinder, delay, or defraud a creditor, or if less than reasonably equivalent value is given in exchange for the transfer and the debtor was insolvent at the time of the transfer. See 11 U.S.C. Section 548(a).

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United States Trustee Initiative

Posted on 02/02/2006 at 05:26 pm | Viewed 1,050 times

Bankruptcy Article #9

The United States Trustee's office for the District of Maine evaluates individuals filing Chapter 7 petitions to determine whether they might be better placed in some other bankruptcy chapter. Individuals with higher incomes are the targets. If a debtor has higher income and is capable of making some payment

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IRA/Retirement Exemptions

Posted on 05/23/2005 at 05:40 pm | Viewed 767 times

Bankruptcy Article #17

Rousey v. Jacoway, U.S. Supreme Court.
Decision dated April 4, 2005

The Supreme Court determined that in individual’s IRA was exempt under federal exemption laws when that individual files bankruptcy. Before this decision, most courts had concluded that IRAs were available

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What are the Benefits of Electronic Filing?

Posted on 05/03/2005 at 05:14 pm | Viewed 650 times

Bankruptcy Article #4

On January 1, 2001, the docket for the U.S. Bankruptcy Court in Maine was changed from a manual, paper docket to electronic. The court's docket is the official record of any document filed with the court. Prior to the creation of the new electronic docket, the Clerk's office maintained the docket and kept all

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Parochial School Not Exempt

Posted on 04/26/2005 at 05:41 pm | Viewed 715 times

Bankruptcy Article #18

Watson v. Boyajian, First Circuit Court of Appeals
Decision dated March 25, 2005

The Watsons had minor children who attended a parochial school. The Watsons filed a Chapter 13 case and proposed to continue paying for parochial school for their children while also proposing a

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Discharge of Student Loans

Posted on 01/24/2005 at 05:22 pm | Viewed 1,937 times

Bankruptcy Article #6

"Undue Hardship" is Mitigated by Partner's Income
Lorenz v. American Educational Services
Update: 2/1/2006

The First Circuit Bankruptcy Appellate Panel reversed a Bankrutpcy Court decision which had granted an undue

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Bankruptcy and Divorce

Posted on 09/03/2004 at 12:00 am | Viewed 1,675 times

There are many issues of law that can be explored in the intersection between bankruptcy law and divorce law. The purpose of this article is to summarize the state of the law regarding some of the most prominent issues that appear in consumer cases.

1. The effect of a divorce judgment on the division of marital

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