Archive for January, 2011

Totality of the Circumstances under 707(b)(3)

Thursday, January 27th, 2011

 
Around Thanksgiving, The UST and I tried two 707(b) cases in front of Judge Mott. He took them under advisement and announced his rulings on December 22. He made lengthy recitations of findings of fact and conclusions of law on the record, but apparently will not be publishing these as opinions. If you are going [...]

Fifth Circuit affirms Camp v. Ingalls

Thursday, January 27th, 2011

On January 21 the Fifth Circuit affirmed the District Court opinion in Camp v. Ingalls.
 
In that case, the debtor moved from Florida to Texas in 2007 and filed a Chapter 7 in 2008, less than 730 days later. The question presented was what exemptions was the debtor allowed or required to claim.
 
Section 522(a)(3)(A) which was [...]

by Michael Baumer