When Things Don’t Go According to (the) Plan - §1307(b) Voluntary Dismissals: Be Careful What You Ask For Part 2 • NACTT Academy

When Things Don’t Go According to (the) Plan – §1307(b) Voluntary Dismissals: Be Careful What You Ask For Part 2

By Mark C. Leffler1
click here for part 1
Part 1 explored the use by bad faith Chapter 13 debtors of § 1307(b) to seemingly escape the consequences of their bad faith. For years, the majority opinion was that § 1307(b) gave Chapter 13 debtors an absolute right to dismiss their bankruptcy cases. However, after the Supreme Court’s 2007 Marrama decision, which held that bad faith is a basis for denying Chapter 7 . . .

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From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...

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Lawrence R. Ahern, III

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge. (Tighe) In re Ritter, 2021 WL 864092 (Bankr. C.D. Cal. March 5,...

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Are Your Loyalties Divided?

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By Cathy Moran, Esq., (Redwood City, CA) When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says: Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck with me and...

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I’ve Looked at Clouds from Both Sides Now

April 25, 2021

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From the Editor – Discharge

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By The Honorable William Houston Brown (Retired) Hardship discharge denied. Section 1328(b)’s requirements for hardship discharge are conjunctive and failure to satisfy any one of three conditions results in denial. Reviewing judicial decisions on requirements of the statute, the court considered “the extent of a debtor’s accountability and degree of control; the substantiality and foreseeability of the changed circumstances at...

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