The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners.  For example, are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not...

By Cathy Moran, Esq. (Redwood City, CA) The Federal Reserve reported that 40% of Americans couldn’t meet a $400 emergency without borrowing. A significant slice of them couldn’t pay it at all. So, a Bloomberg economist devoted his column to deconstructing how the press and political figures, in his opinion, misused that finding. OMGoodness. The guy was too caught up...

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Introduction Preliminarily, I recognize that many of those reading this do not need to. There are many fine trial attorneys in the bankruptcy bar. Those folks could well be writing this article. By way of defending myself in advance, this little piece does not consist of a series of war stories or...

The facts in In re DeWitt, 2022 WL 4588320 (Bankr. S.D. Ohio 2022), are a bit “unusual”. Debtor filed Chapter 13 to reinstate her mortgage. The mortgage was “non-escrowed” and Debtor was required to pay property taxes directly. Surprisingly, she did not pay her property taxes. The first time, the Lender paid the property taxes but decided not to pursue...

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL) On June 10, 2019, Chief Judge Michael Williamson entered Administrative Order 2019-1 Prescribing Procedures for Student Loan Modification Program “SLP” in the Middle District of Florida, which goes into effect August 1, 2019. The SLP Program was a district-wide effort created with input from all three divisions of...

There is no special language/verbiage. Keep is simple. Stick to one issue per NOE. Pertinent loan/debtor information – “name, rank, and serial number” Called bank twice. Tried to get borrower reviewed for FHA Recovery Mod. Both times I was essentially told that the loan was “too many months delinquent” to be reviewed for FHA Recovery Mod. I was also told...

Secured creditor in a Chapter 13 case entitled to relief from the stay due to lack of adequate protection where the creditor neglects to file a proof of claim and, as a consequent, received no payments under a Chapter 13 plan. (Conley) Weyer v. Valley Communities Credit Union, 2022 WL 1597293 (W.D. Wis. May 19, 2022) Case Summary Dana and...

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...

It is our distinct honor to inform you that Acting U.S. Trustee Paul Randolph has selected Debra L. Miller as the next Standing Chapter 13 Trustee for the Eastern District of Tennessee (Northern and Northeastern Divisions). Ms. Miller has served as a Standing Chapter 13 Trustee in the Northern District of Indiana since 2000. Her wealth of experience will allow...

(To be sung to the tune of Julie Andrews’ version of “These Are a Few of My Favorite Things” from The Sound of Music) Raindrops on roses, and whiskers on kittens, Bright copper kettles and warm woolen mittens– Hey, wait a minute, that’s not what I mean; It’s time that we focus on Chapter Thirteen. We’ve been Trustees for so...