You’ll Get Nothing And Like It: Using § 363 to (Possibly) Force a Lender to Accept a Short Sale

Phil Lamos, Chief Legal Counsel for Craig Shopneck, Cleveland’s Chapter 13 Trustee

There are times when it’s in a debtor’s best interest to divest themselves of financially draining or otherwise burdensome real estate. Maybe the debtor is lucky enough to live in a jurisdiction where it is permissible to compel a lienholder to take title to real estate through a Chapter 13 plan (Eastern District of New York, I am looking in your general direction), but most likely the debtor does not. What, if any, options might a debtor have? Section 363(f . . .

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Senior Moments

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By Peter Fessenden, Chapter 13 Standing Trustee, Retired September 30, 2017 (Portland, ME) To everything there is a season. There was a time to discover how little I knew about being a Chapter 13 trustee. There was a time to make mistakes. There was a time to address those mistakes. There was a time to solve problems. There was a...

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9th Circuit Joins the Bandwagon

Henry E. Hildebrand, III

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The Ninth Circuit has now joined its sister Circuit in holding that the Bankruptcy Code does not permita Chapter 13 Trustee to retain the percentage fees collected on payments that a chapter 13 debtor made pre-confirmation in accordance with 26 U.S.C. §586 but, upon dismissal prior to confirmation of the plan, is obligated to return the fee to the debtor,...

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Michael B. Joseph

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Yet Another Reason Why the Means Test is “Broken”

Thomas D. DeCarlo

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The Bankruptcy Code produces some difficult results. Sometimes those results pass difficult and extend into problematic. The Bankruptcy Court for the District of Idaho crossed well over difficult in In re Clifford, 2022 WL 16727279 (Bankr. D. Id. 2022). The question addressed in Clifford is one that comes up in every Chapter 13 case – how do we calculate “Current...