The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
From the Editor’s Desk – Eligibility and Debtor’s Standing
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Wholly unsecured mortgage was included in unsecured debt for eligibility. Citing a majority of courts holding that the interplay of §§ 506 and 109(e) requires that wholly unsecured junior liens are counted as unsecured debt for eligibility purposes, the court concluded that this view was correct. “Unsecured claim,” as referred to in § 506 should be considered an “unsecured debt” under § 109(e). The court stated that it was not bound by the characterization of a claim in the debtor’s schedules. The case was dismissed for ineligibility, based on . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
The Day the Music Died
Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 2 of 3
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 1 of 3
The PUMP Act
Keep Calm and Carry On – Observations Regarding CBRA
Johnson Retires
Lenders Can’t Hide from Consequences of Misapplication of Mortgage Payments
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9
Critical Case Comment – Debtor Bears Burden of Proof to Be Ones Own Disbursing Agent
Character Counts