Case Bites and Taggart Watch

Case Bites and Taggart Watch

Every Friday, we will publish a list of interesting case bites from this week’s cases. Also, we will be publishing cases citing the Supreme Court’s recent decision in Taggart concerning the enforcement of the discharge order.

You can listen to a great webinar presented on June 13, 2019 about Taggart by going to NACBA.org and clicking on the webinar tab. Henry Sommer, Max Gardner, and Matt Mason give a great outline of the case and many suggestions on how to practically address Taggart’s ramifications in your chapter 13 plan, letters to clients and creditors and the burden of proof and pleadings.

Taggart watch: No cases citing Taggart have been reported yet.

Case Bites issues:

  • Can an indigent debtor request appointment of counsel to represent her in a bankruptcy appeal?
  • Can a chapter 13 trustee move to amend a plan to increase the dividend based on the debtor’s post-petition receipt of exempt (not social security) income?
  • In an unopposed motion to avoid lien pursuant to § 506(d), can a bankruptcy court sua sponte raise the issue of proper procedure?
  • Can a bankruptcy court reverse an order granting a motion to redeem when the value is a guestimate and the motion was served on an address different than in the schedules?
  • In a bankruptcy appeal, is it fatal for an appellant to fail to attach a copy of the transcript of the hearing?

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