chapter 13

Southern District of Texas Takes Itself to Task for Failure to Follow Chapter 13 Rules

05/10/16
In an unusual collaborative proceeding initiated by two judges from the Southern District of Texas and concluded by a third, the Court has taken the Standing Chapter 13 Trustee to task for following the guidance of the former judge and has effectively judged the system guilty.   The opinion exposes an apparent rift between the current and former judges of the district and demonstrates an activist approach to problem solving by the judiciary.     Misc. Case No.
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Chapter 13 Debt Limits Apply Equally To Individual and Joint Cases, Says Judge Sacca

12/29/15

In In re Pete, Ch. 13 Case No. 15-63725-JRS, 2015 WL 8540438 (Bankr. N.D. Ga. Dec.

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Who "Presides" over Chapter 13 Plan Confirmation Hearings?

11/02/15

Shutterstock_329900393Temple Law Review will soon publish a volume honoring Bil

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Bankruptcy Lawyer Miami - Jordan E. Bublick - Practice Limited to Bankruptcy

09/20/15

Jordan E. Bublick is a Miami personal bankruptcy lawyer whose practice is limited to chapter 13 bankruptcy (reorganization of debt) and chapter 7 bankruptcy (discharge of debt). Jordan E. Bublick has over 25 years of experience in filing personal bankrupty cases and has filed over 8,000 bankruptcy cases.

The firm offers a free initial consultation.

Chapter 7 Bankruptcy

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Supreme Court Rules Debtor Entitled to Funds Remaining Upon Conversion of Chapter 13 Case

05/19/15
Acknowledging that the statutory language "does not say expressly" what should happen, the Supreme Court nevertheless ruled that undistributed funds held by the Chapter 13 trustee should be returned to the debtor following a conversion.   The Court described its result as "the most sensible reading of what Congress did provide."   Justice Ginsberg wrote the opinion for an unanimous Court.   Harris v. Viegelahn, No. 14-400 (5/18/15).
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Postpetition Wages Held by Chapter 13 Trustee Belong to Debtor Upon Conversion

05/18/15

In case you haven't seen it, the SCOTUS issued its unanimous opinion in Harris today, holding that postpetition wages held by the Chapter 13 trustee at the time a case is converted to Chapter 7 must be returned to the debtor.

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Stale Debts in Bankruptcy

05/07/15

Should liability under the Fair Debt Collection Practices Act (FDCPA) lie against a creditor who submits a proof of claim past the statute of limitations in a consumer bankruptcy case?

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Energy Resources Remains Viable for Allocation of Tax Payments

02/27/15
Twenty-five years ago, the Supreme Court held that a Bankruptcy Court had the authority to order the IRS to allocate payments made "voluntarily" by a Debtor when necessary to effectuate a successful reorganization.    United States v. Energy Resources Co., 495 U.S.
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