Search
Close this search box.

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

-

Link to Post:

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA)

  1. Some Basics about Secured Claim Treatment in Chapter 13
    1. What is a Secured Claim under § 506(a)?
      1. Secured by a lien on property of the debtor’s bankruptcy estate.
      2. Some value in the property to which the lien may attach.
      3. Must be secured by property that is property of the debtor’s bankruptcy estate.
    2. Treatment of Secured Claims
      1. § 1322 . . .

        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.

Related Articles

bonapfel2

Sub V Update

April 14, 2024
Many of you are familiar with the extensive outline on Sub Chapter V that the Honorable Paul W. Bonapfel, United States Bankruptcy Court for the Northern District of Georgia, produces. This is a FREE resource and is freshly updated!! Thank you Judge Bonapfel!
View Article

Bankruptcy Courts Grapple with the “COVID-19 Discharge”

April 18, 2021
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Analyzing the new "COVID-19 discharge" provision added to Chapter 131 by Congress on December 27 as part of the coronavirus emergency response legislation, the Bankruptcy Court for the Central District of California decided in In re Ritter2 that, in order to receive such a discharge, debtors must still comply...
View Article
Members
Hale-Andrew-Antico

What Does the Bankruptcy Code Say About Interest and Unsecured Debts

March 24, 2024
“. . . the law is so clear that of course it's not allowed. However, some courts have twisted themselves into pretzels to create a creditor right to postpetition unmatured interest.” The article explores this not so simple issue by examining relevant sections of the Bankruptcy Code and case law from various circuit courts.
View Article
Members

Chapter 13 Discharge Expanded by COVID Relief Legislation

January 3, 2021
By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) Chapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated Appropriations Act of 2021, signed December 27, 2020 by the president. Debtors may get a full -compliance discharge of dischargeable debts if they have a residential mortgage and have not made all the payments required...
View Article
Members
NBR cropped 2

From the Archives – An Oldie but Goodie

April 14, 2024
Ms. Ps & Qs on ‘Wet Signatures’ – Yep, they are important and nope, you can’t blame others for your mistakes.
View Article
Members

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases

January 3, 2021
By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA) Part I: Derby v. Portfolio Recovery Associates Recently, Hon. Keith L. Phillips of the Eastern District of Virginia Bankruptcy Court issued his fourth and final written opinion in the Derby v. Portfolio Recovery Associates adversary proceeding, Adv. Pro. No. 18-03097-KLP, 2020 Bankr. LEXIS 2589 (Bankr. E.D.Va....
View Article
Members

From the Editor

September 20, 2020
By The Honorable William Houston Brown (Retired) Three-month delay in completing bare-bones petition. When the Chapter 13 debtor filed a skeletal petition, her motion for more time to complete schedules, statement and plan was denied, with no cause found for extending time after three-month delay, and show cause hearing was set to determine if case should be dismissed with 180-day...
View Article
Members

IRS Attempting to Collect on Virtual Currency

July 28, 2019
IRS has begun sending letters to virtual currency owners advising them to pay back taxes, file amended returns; part of agency’s larger efforts. On July 26th, the IRS announced that it has begun sending letters to taxpayers with virtual currency transactions that potentially failed to report income and pay the resulting tax from virtual currency transactions or did not report...
View Article

Legal Aid and Who Are Our Chapter 13 “Customers”

January 10, 2021
By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...
View Article

Impact of COVID-19 and the CARES ACT on Mortgages

April 19, 2020
By Michael McCormick, Senior Partner, McCalla Raymer Leibert Pierce, LLC (Roswell, GA) H.R. 748, also known as the CARES Act (herein, “the Act”), was enacted into law on March 27, 2020. The Act is meant to address the economic fallout of the Coronavirus pandemic. The Act contains numerous consumer protections, including several pertaining to residential mortgages. Relief from Foreclosure Section...
View Article
Members

The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.

Academy

Members

Website

Legal

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government