From the Editor’s Desk – Plan Confirmation • NACTT Academy

From the Editor’s Desk – Plan Confirmation

By The Honorable William Houston Brown (Retired)

Second mortgage creditor did not hold unsecured claim in Chapter 20 case. The debtor had received a Chapter 7 discharge and within one year filed a Chapter 13, in which she filed a motion to value her residence, resulting in an order that the second mortgage had no value to support it and that the lien would be avoided on completion of plan payments. The debtor was not eligible for Chapter 13 discharge, but her amended plan proposed to pay the second mortgage nothing. The debtor then objected to . . .

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the debtors failed to meet the high threshold to establish excusable neglect to permit their claim filed on behalf of a creditor after the bar date to be allowed, where a Chapter 13 case is dismissed and then reinstated prior to the expiration of the bar date, the...

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Diane Cipollone

The Academy

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Diane Cipollone is an attorney and a qualified expert on mortgage servicing and loan origination matters. While Diane no longer provides expert testimony, she continues to consult with consumer attorneys; trains attorneys, court mediators, housing counselors and fair housing advocates on foreclosure prevention guidelines and federal mortgage regulations; and mentors pro bono attorneys and non-profit housing counselors. She has presented...

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Is 1328(i) Ultimately Terrible for Debtors?

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Judicial Year in Review 2021: Part 3 – Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

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