BANKRUPTCY CODE & RULES

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Rochelle's Daily Wire

11th Circuit

Nondischargeability in Sub V Only Applies When It’s a Nonconsensual, Cramdown Plan

Halo Human Resources LLC v. American Dental of LaGrange LLC (In re American Dental of LaGrange LLC)

A creditor must control a class before its debt can become nondischargeable in Subchapter V.

10th Circuit

Although Exempt, Social Security Benefits Must Be Reported in Subchapter V

In re Ghaffair

While neither Social Security benefits nor post-petition income are estate property in Subchapter V, they must be included in an individual’s monthly operating reports, Bankruptcy Judge Jacobvitz says.

9th Circuit

Judge Christopher Klein Writes ‘Cliffs Notes’ on Transferring Venue of Related Cases

In re Bula Developments Inc.

In transferring venue of a related case under Rule 1014(b), the bankruptcy court can move sua sponte and need not await a venue motion by a creditor or party in interest.

9th Circuit

Judgment Liens Based on Nondischargeable Debts May Be Avoided as ‘Impairments’

In re Portch

A homestead can be protected from collection of a nondischargeable debt, limiting the judgment creditor to attaching nonexempt property.