chapter 13

Do Debtors or Creditors Get Undisbursed Chapter 13 Plan Payments Upon Conversion? -- A New Circuit Split

07/11/14

Chapter 13 trustees handle millions of dollars in plan payments every year. At some point in likely a sizable portion of cases, the trustee accumulates these payments instead of distributing the funds to creditors. What happens if a debtor's case is converted while the trustee has this accumulated money in its account? In 2012, the 3rd Circuit, in a majority opinion, held that the trustee must return the funds to the debtor (see decision here).

[more]

Larry Summers' Attempt to Rewrite Cramdown History

06/08/14

Larry Summers has a very interesting book review of Atif Mian and Amir Sufi's book House of Debt in the Financial Times. What's particularly interesting about the book review is not so much what Summers has to say about Mian and Sufi, as his attempt to rewrite history. Summers is trying to cast himself as having been on the right (but losing) side of the cramdown debate.

[more]

Stop Mortgage Foreclosure by Filing for Mortgage Modification

04/10/14

In many cases, you can stop a mortgage foreclosure by filing for a mortgage modification under the HAMP program. The application for a mortgage modification can be filed directly with the mortgage lender or was part of a chapter 13 bankruptcy you may file. If you are on the eve of a foreclosure sale, I would probably be best to file a chapter 13 bankruptcy in order to insure the stopping of your foreclosure sale.

[more]

No Discharge of Unsecured Debt for Non-Filing Co-Debtors

01/23/14

By: Carly S. Krupnick

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

 

[more]

No Discharge of Unsecured Debt for Non-Filing Co-Debtors

01/23/14

By: Carly S. Krupnick

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

 

[more]

Fourth Circuit Holds Inheritances Are Estate Property In Chapter 13 Cases

10/29/13

Yesterday, the Fourth Circuit Court of Appeals issued an opinion in Carroll v Logan.  This will have an impact for future chapter 13 cases in this circuit.

[more]

Chapter 13 Plan Binds Chapter 13 Trustee, Says Eleventh Circuit

09/29/13

In the case of Hope v. Acorn Financial, Inc., Case No. 12-10709, 2013 U.S. App. LEXIS 19661 (11th Cir. September 26, 2013) (click here for .pdf of opinion) the Court addressed whether 11 U.S.C.

[more]

Chapter 13 Plan Binds Chapter 13 Trustee, Says Eleventh Circuit

09/29/13

In the case of Hope v. Acorn Financial, Inc., Case No. 12-10709, 2013 U.S. App. LEXIS 19661 (11th Cir. September 26, 2013) (click here for .pdf of opinion) the Court addressed whether 11 U.S.C.

[more]

Should You Buy a Car Prior to Filing Chapter 13?

04/14/13

buying a car--chapter 13You may want to consider buying a car prior to filing your Chapter 13 bankruptcy case.

Filing bankruptcy isn’t a matter of going to your bankruptcy lawyer’s office, plunking your money down, and signing a few documents. It involves planning.

[more]