From the Editor - Modification of Plan • NACTT Academy

From the Editor – Modification of Plan

By The Honorable William Houston Brown (Retired)

Noticing requirements apply to pre-confirmation modification. Rule 2002(a)(5) and 2002(b)(2) noticing requirements apply to pre-confirmation modifications of a plan, and the notice is required to all creditors. The debtors argued that the clerk’s notice of the 341 meeting gave sufficient notice of the deadline to object to confirmation of the original plan, and those creditors failing to timely object were not required to receive notice of subsequent pre-confirmation modification, but the court held that any modification resets the time for objections . . .

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.

A Guide to the Small Business Reorganization Act of 2019 – Revised June 2022

Paul W. Bonapfel

November 9, 2022

Click here to see PDF – SBRA Guide June 2022 Compilation FINAL Click here to see PDF – SBRA May-June Supplement Final

Critical Case Comment – No Such Thing as “Technical” Violation of the Stay

Henry E. Hildebrand, III

February 20, 2022

Bankruptcy Court found violation of automatic stay to be “technical”, thus no damages. Ninth Circuit BAP did not agree. Continuing to pursue state court fraudulent transfer action after transfer or filed for Chapter 7 relief violated the automatic stay; even if the violation of the stay is “technical”, damages, including attorneys’ fees and costs, should be assessed against the violator....

Members

Memorial Day 2023

The Academy

May 28, 2023

Memorial Day 2023 Honoring the Sacrifices of All Who Served

Is Your Law Practice Evolving to Incorporate New Technology

October 3, 2021

By Jay Fleischman, Managing Attorney at Money Wise Law (Los Angeles, CA) When the world was forced to adjust to new routines in March 2020 due to the global pandemic, I was instantly struck by how little my professional life changed. I’d worked remotely for over a decade, and my systems and procedures didn’t change. Sadly, the same couldn’t be...

Members

Trustees’ Pet Peeves

October 11, 2020

By Mary Viegelahn, Chapter 13 Trustee San Antonio, Texas Although Trustee Viegelahn first produced this list for an ethics panel in 2019, it is a timely heads-up now. This list was gathered from Trustees across the country. Providing ECF credentials to an outside “firm” to allow them to file a bankruptcy for a debtor the attorney has never met or...

Members

Critical Case Comment

May 2, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) In calculating an above-median income debtor’s projected disposable income, the court may deduct from the debtor’s current monthly income only the expenses as listed in the IRS manual and not the debtor’s actual expenses. (Taylor) In re Rodriguez, 520 B.R. 94 (B.A.P. 9th Cir....

Members

Find The Hidden Mortgage Interest Tax Deduction in Bankruptcy

Cathy Moran

October 8, 2023

“Do you have clients in an active Chapter 13 plan paying back mortgage payments that were delinquent when the case was filed?” October 16th is the deadline to file extended income tax returns.

Members

The Student Loan Debacle: Causes & Cures

R. Michael Smith

September 18, 2022

As we observe the growing discussion over the tremendous amount of outstanding student loan debt, several points of clarification might do us well. There are those favoring relief for debtors now unable to pay their student loans. They have proposed various forms of relief, including several forgiveness programs and re-allowing such debts to be discharged in bankruptcy under more usual...

Members

Passing of Retired Ohio Judge

The Academy

August 20, 2023

Passing of Retired Ohio Judge Judge Baxter was appointed United States Bankruptcy Judge for the Northern District of Ohio on December 16, 1985, and served in the Court’s Cleveland, Ohio location until his retirement in 2011. He served as Chief Judge between 2004 and 2008. Click here for obituary.

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 1 of 3

November 8, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Some Basics about Secured Claim Treatment in Chapter 13 What is a Secured Claim under § 506(a)? Secured by a lien on property of the debtor’s bankruptcy estate. Some value in the property to which the lien may attach. Must be secured by property that is property of the debtor’s bankruptcy...

Members