From the Editor

From the Editor – Modification of Plan

By The Honorable William Houston Brown (Retired)

Plan may not be modified to surrender. The debtors moved to modify their plan and receive discharge, proposing to surrender their residential property; however, more than 60 months had expired since the confirmed plan took effect, and the plan provided for curing and maintaining the mortgage. The trustee objected to the motion because the debtors had not made all of their required direct maintenance payments to the mortgage lender. The court noted that the word “surrender” does not appear in § 1329(a), and there is a split of authority . . .

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September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtor lacked “person aggrieved” standing to appeal objection to trustee’s final report. The bankruptcy court had overruled the debtor’s objection to the trustee’s final report, and debtor’s appeal was dismissed, with the Bankruptcy Appellate Panel finding that debtor lacked “person aggrieved” standing to appeal. Debtor’s objection had not included amount of...

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In a perfectly executed world, clients who do business via an entity like a corporation or LLC would arrive with their business lives neatly separated from their personal lives. However, that’s not the world I practice in. It’s probably not yours, either. Instead, I have to sleuth out the facts, and compare them to the individual’s version. I see prospective...

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From the Editor – Modification of Plan

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From the Editor

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The Brunner Student Loan Hardship Test: Alive and Well in The Big Apple

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