From the Editor

From the Editor – Proofs of Claim

By The Honorable William Houston Brown (Retired)

Ninety-day bar date for filing claims applied to secured creditors who wish to receive distribution in Chapter 13 case. The debtor objected to untimely proofs of claim filed by the mortgage lender, and the creditor argued that Rule 3002(c)’s 90-day deadline only applied to unsecured claims. If a creditor expects to receive a distribution in a Chapter 13 case, a proof of claim must be filed, whether the debt is unsecured or secured. Acknowledging that Rule 3002(a) specifically addresses only unsecured creditors and that . . .

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True. Most people no longer itemize under the current Tax Code. However, the amount of money involved varies and should be considered. The same very important debts that a Chapter 13 plan pays are often tax deductible. And your client is still the person who’s paying, even if the trustee writes the check. Don’t allow them to miss out on...

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Claim allowed after reopening of no-asset case. The Chapter 7 case filed as no-asset was reopened after discovery of assets for distribution, and debtors objected to a claim on basis of statute of limitations. Affirming, the Bankruptcy Appellate Panel held that the time to commence action on the claim had been tolled under...

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From the Editor – Discharge Injunction

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By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 3 of 6 Click here for Part 4 of 6 Click here for Part 5 of 6 Click here for Part 6 . . . It looks like you are not signed in...

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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN (Nashville) Where a Chapter 13 plan provides that a mortgage payment will be paid “outside the plan,” the plan does not “provide for” the mortgage payment and, accordingly, the discharge under § 1328 is not applicable to the mortgage obligation. Dukes v. Suncoast Credit Union, 909...

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March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 debtors not required to seek approval to employ special counsel. The Chapter 13 debtors moved to employ special counsel for representation in state-court litigation, but § 327(e) did not apply to Chapter 13 debtors when no request was being made to pay the special counsel from...

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From the Editor – Proofs of Claim

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Related Articles

Tax Deductions Hidden in Chapter 13

Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

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