Central District Consumer Bankruptcy Attorney's Association

On the vehicle reaff case (Dumont), I believe there is an appeal
pending (In re Dumont v. Ford Motor Credit Co., 383 BR 481 (9th Cir.
BAP 2008) (pending as appeal No. 06-00980-JM7).)
Interesting to see what happens with it.
Todd Mannis, Esq.
wrote:
>
> Summarizing a bankruptcy newsletter I get:
>
> * Section 521: Dumont v. Ford Motor Credit , 383 B.R. 481 : If
> current on car payments, debtors must sign reaffirmation agreement
or redeem
> if they wish to keep cars
>
> * Section 523(a)(7): Findley v. State Bar off California, 387
B.R.
> 260 : Attorney discipline costs awarded as "penalties" per CA B&P
Code are
> not excepted from discharge
>
> * Section 523(a)(8) : Ed'l Credit Mgmt Corp v. Coleman, 06-
16477 (9th
> Cir. 8/1/08): Chapter 13 debtors don't need to wait til end of
plans to seek
> discharge of student loans. They can seek the discharge whenever
they
> believe facts most favor them.
>
> * Section 547: USAA Federal Savings Bank v. Thacker, BAP No.
> WW-07-1313-MkMoD: under state law, perfection of lender's lien
related back
> to date when debtors took possession of collateral securing the
PMSI loan.
> However, because last act necessary to complete perfection happened
more
> than 20 days after debtors took possession, it did not relate back
under
> 547(c)(3). When lien is avoided, court may preserve it for the
estate's
> benefit or issue a money judgment against the lender in the amount
of the
> avoided lien.
>
> * Section 707: In re Hickman: 384 B.R. 832: Chapter 7 debtor's
> change of heart was not cause for dismissal of his case
>
> * Section 1325: In re Kagenveama: 527 F.3d 990 (9th Cir. 2008):
> Projected disposable income (PDI) of above-median Chapter 13
debtors is
> determined by the Means Test. If the debtor has no disposable
income, then
> debtor has no PDI and may confirm a plan lasting three years.
OTOH, if the
> debtor has disposable income, then the plan must be for five years.
>
> Hale
>

The post was migrated from Yahoo.

Summarizing a bankruptcy newsletter I get:
* Section 521: Dumont v. Ford Motor Credit , 383 B.R. 481 : If
current on car payments, debtors must sign reaffirmation agreement or redeem
if they wish to keep cars
* Section 523(a)(7): Findley v. State Bar off California, 387 B.R.
260 : Attorney discipline costs awarded as "penalties" per CA B&P Code are
not excepted from discharge
* Section 523(a)(8) : Ed'l Credit Mgmt Corp v. Coleman, 06-16477 (9th
Cir. 8/1/08): Chapter 13 debtors don't need to wait til end of plans to seek
discharge of student loans. They can seek the discharge whenever they
believe facts most favor them.
* Section 547: USAA Federal Savings Bank v. Thacker, BAP No.
WW-07-1313-MkMoD: under state law, perfection of lender's lien related back
to date when debtors took possession of collateral securing the PMSI loan.
However, because last act necessary to complete perfection happened more
than 20 days after debtors took possession, it did not relate back under
547(c)(3). When lien is avoided, court may preserve it for the estate's
benefit or issue a money judgment against the lender in the amount of the
avoided lien.
* Section 707: In re Hickman: 384 B.R. 832: Chapter 7 debtor's
change of heart was not cause for dismissal of his case
* Section 1325: In re Kagenveama: 527 F.3d 990 (9th Cir. 2008):
Projected disposable income (PDI) of above-median Chapter 13 debtors is
determined by the Means Test. If the debtor has no disposable income, then
debtor has no PDI and may confirm a plan lasting three years. OTOH, if the
debtor has disposable income, then the plan must be for five years.
Hale
Summarizing a bankruptcy
newsletter I get:
Section
The post was migrated from Yahoo.