A Study of Creditor Responses To Notice of Mortgage Cure Under Bankruptcy Rule 3002.1

By Amrane Cohen, Chapter 13 Standing Trustee for the Santa Ana Division of the Central District in California

Treatment of on-going mortgage payments in chapter 13 cases is not consistent across the country. Certain trustees make all on-going mortgage payments that accrue during the case and charge a fee on the payments received from debtors. A few trustees make the on-going mortgage payments and charge no fee on the payments received. And finally, some trustee make only occasional on-going payments with the overwhelming majority of the payments ordered to be made directly by the . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 1 of 3

June 9, 2019

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...

Members

Private Collection Agencies – What You and Debtors Need to Know

November 17, 2019

Taxpayers who are contacted by a private collection agency on behalf of the IRS might have questions about the program. These taxpayers can visit IRS.gov to find answers to questions they might have. In fact, to better help these taxpayers, the IRS recently updated the private debt collection pages on IRS.gov. These updates added more information for taxpayers whose case...

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

November 15, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The Judicial Conference proposed, and Congress has not changed, the amendments to the following Federal Rules of Bankruptcy Procedure: Rules 2002, 2004, 8012, 8013, 8015 and 8021. Absent Congressional action, which is not expected, they will be effective at the...

Members

Evictions in Ohio, Kentucky, Michigan and Tennessee May Go Forward? Sixth Circuit Says CDC’s Eviction Moratorium Exceeded Its Authority

August 15, 2021

After the CARES Act’s 120-day moratorium on evictions ended, the Centers for Disease Control (“CDC”) extended the moratorium, with the CDC’s order based on authority under the Public Health Service Act of 1944. CDC stepped into the landlord-tenant arena to make and enforce regulations necessary to prevent spread of COVID-19, citing 42 U.S.C. § 264(a). Subsequent to CDC’s action, Congress...

Measuring Success in Chapter 13: Successful Dismissals and Conversions

Honorable Brian D. Lynch

July 16, 2023

A. Introduction When should we regard dismissal or conversion of a chapter 13 as an unsuccessful bankruptcy? The arguments are familiar.Chapter 13 is the easiest, quickest, and cheapest way to stop foreclosures, repossessions, and garnishments by creditors.Desperate debtors can file a chapter 13 case without schedules, statements, or a plan and buy themselves a stay for a short period. And...

Members

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

July 14, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...

Members

Debt Buyers Pay a Lot Post-Taggart

Cathy Moran

February 4, 2024

You know it won’t go well for the creditor in a discharge violation when the opinion opens by characterizing the debtor as a single mother and registered nurse who discovers her $20k bank balance is now negative.

Members

Why Creditors Should Get Less in Chapter 13

Cathy Moran

October 30, 2022

Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we, as a society, squander the chance to use Chapter 13 to teach new budgeting...

Members

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

May 19, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Homeowner association fees that obligate homeowners of condominium and planned unit developments can be a substantial obligation that accrue on a monthly basis. These obligations are generally a burden when a debtor files for bankruptcy relief. To be fair, homeowners’ associations provide a significant benefit to homeowners. Exterior maintenance,...

Members

What the FICO? Reaffirming Doesn’t Help My Credit Score?

May 23, 2021

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) Reaffirmation hearings during the pandemic have been difficult, at least for me. The economic risks for debtors are greater. There are uncertainties about the availability of credit, and the availability of suitable vehicles. Prices of used cars have gone up – with stimulus money pushing...

Members