Due Course for Undue Hardship? How Chapter 13 Could Alleviate a Possible Student Debt Crisis

By Garett Franklyn, 2016 J.D. Candidate

Student loan debt has ballooned in recent years, rising to $1.11 trillion in 2014, a $125 billion increase from 2013. 1 The increasing size of student loans is taking a similar form as the mortgage crisis, in which debt payment replaced consumer spending, stagnating the greater economy. 2 Chapter 13 bankruptcies can be a viable option to debtors saddled with student loans because they allow debtors to pay creditors based on future income, instead of through liquidating the debtor’s assets. Initially . . .

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FROM THE ARCHIVES: If You’re Gonna Bet the Farm, Maybe Play Against the House

Danielle N. Gueck-Townsend

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Attorney Gueck-Townsend provides readers with a primer on evidence needed to prove losses.

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Henry E. Hildebrand, III

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Chapter 13 plan cannot be modified to treat a priority claim as general unsecured after the time for reconsideration of the order has passed. (Easterbrook) Matter of Terrell, 39 F.4th 888 (7th Cir. July 12, 2022) Case Summary The Terrells’ Chapter 13 plan proposed a classification to pay the State of Wisconsin in full as a priority claim because, they...

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Henry E. Hildebrand, III

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Percentage fees collected by a Chapter 13 trustee prior to confirmation of a Chapter 13 plan must be returned to the debtor by the trustee if Chapter 13 plan is not confirmed. (Ebel) Goodman v. Doll, 2023 WL 216778 (10th Cir. January 18, 2023) Case Summary Daniel Doll filed Chapter 13 in November of 2017. The debtor complied with 11...

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Max’s Knowledge Nugget

Max Gardner

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Question: May a servicer charge to generate a payoff quote? Answer: 1026.36(c)(3) Payoff statements. In connection with a consumer credit transaction secured by a consumer's dwelling, a creditor, assignee or servicer, as applicable, must provide an accurate statement of the total outstanding balance that would be required to pay the consumer's obligation in full as of a specified date. The...

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Practice Pointers for Arguing Motions

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By William Sawyer, Chief U.S. Bankruptcy Judge for the Middle District of Alabama (Montgomery) (Used with permission. Court News and Views, Volume 18, October 2020) Lawyers who practice regularly in bankruptcy court invariably make many appearances at motion dockets. This article provides practice pointers to lawyers who do not practice often in this Court to familiarize them with our procedures...

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Michael B. Joseph

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“Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”

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The Hanging Paragraph – Hanging on Every Word Part 3 of 4

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By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo Click here for Part 1 Click here for Part 2 IV. The Hanging Paragraph’s effect on Interest Rates When the hanging paragraph is applicable, creditors are entitled to the full value of their secured claims as . . . It looks...

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Bankruptcy Protections Limited for Repeat Filers

January 13, 2019

By William H. Brown, Academy Editor & Advisor The First Circuit held that under § 362(c)(3)(A), upon the repeat filing by Chapter 7, 11 or 13 debtors within one year of dismissal of a prior pending case, the automatic stay terminates entirely on the 30th day after filing of the subsequent case as to the debtor, property of the debtor...

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Unscheduled Creditor May Not File a Late Proof of Claim

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By Beverly M. Burden, Standing Chapter 13 Trustee (Lexington, KY) An unscheduled creditor without notice of the bankruptcy case was denied an extension of time to file a proof of claim pursuant to Bankruptcy Rule 3002(c)(6)(A) in a recent opinion from the Eastern District of Kentucky. In the case of In re Fryman,1 the debtor did not include creditor Kentucky...

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Passing of the Honorable Randall L. Dunn

The Academy

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Retired United States Bankruptcy Judge Randall (Randy) Lawson Dunn, District of Oregon, died at home on June 7, 2023.