Case Results

In Re Laroche, 409 B.R. 862 (E.D. Mi. 2009) --Debtors failed to disclose a potential tax refund on bankruptcy schedules when the refund came as a complete surprise. The debtors first learned of the refund in February 2009, but, the debtors did not immediately contact the trustee nor amend their schedules. The refund was sent to the trustee by the IRS in late March 2009, and the debtors amended their exemptions on April 1. Although the debtors' behavior was not exemplary, e.g., the debtors did not notify the trustee in February when it became apparent that a refund would be available, the court, over the trustee's objections, allowed the debtors to amend their exemptions and retain their refund.

Dow Chemical Employees Credit Union v Alan Scott Collins, No. 10-14611 (Appeal) (E.D. Mich. July 14, 2011). --Debtor had a large recreation and smoking budget. Creditor Dow Chemical Employees Credit Union appealed to the U.S. District Court after confirmation was granted over its objections. The U.S. District Court ruled n my client's favor.