From the Editor

From the Editor – Discharge

By The Honorable William Houston Brown (Retired)

Ineligibility for loan restructure supported § 523(a)(8) undue hardship. The Chapter 13 debtor had cosigned student loans for former spouse, and the facts that the debtor was not the borrower and that the loans were not government-issued prevented the debtor’s eligibility to restructure the loans under the extended loan repayment provisions of 34 C.F.R. § 685.208. Therefore, the Brunner test was satisfied for undue hardship purposes. The Education Resources Institute, Inc. v. Zumbro (In re Zumbro), ___ Fed.Appx. ____, 2013 WL . . .

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What Does “Following” Mean?

Kara K. Gendron

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Section in 109(g)(2) of the Bankruptcy Code bars a debtor from filing a new case for 180 days if the Debtor voluntarily dismisses a case “following” a motion for relief. Not surprisingly, courts are split on how they interpret the word “following” as used in § 109(g)(2). After all, the word “following” is not limited to one definition, or even...

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To Conduit, Or Not To Conduit? That Is The Question. Or Less Shakespearean: “Conduit Mortgage Case Law”

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This month, Prof. Rapoport looks at the question: What should happen when the Rule 2016 statement on compensation conflicts with the SOFA #16?

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“The problem in the past for student loan borrowers in bankruptcy has been that hardship discharge litigation has been complex, expensive and arbitrary. . . . The new guidance has simplified the process.”

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...

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Appeals Court Names Erie Lawyer as Newest Bankruptcy Judge – John C. Melaragno has been named the new judge for the Erie Division of U.S. Bankruptcy Court for the Western District of Pennsylvania

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Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s post-petition monthly mortgage payments pursuant to the contractual terms of the loan, thereby applying post-petition payments to the debtor’s pre-petition mortgage arrearage. (Cary) In re Pope, 647 B.R. 597 (Bankr. D. N.H. August 15, 2022) Case Summary In November of...

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March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Lien Modification - Modification of mortgage on mixed-use property. Reviewing the split of authority on whether a Chapter 13 debtor may modify a mortgage on property used for both business and residential purposes and when the use determination is made, the bankruptcy court adopted the filing date as the appropriate time...

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I Feel A Change Coming On (Song by Bob Dylan, 1964)

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By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) The Covid-19 pandemic postponed the 2020 Masters Golf Tournament, originally scheduled for early spring. It was eventually held November 12th through 15th. The winner was Dustin Johnson. Additionally, the 2020 Wimbledon Tennis Tournament was cancelled for the first time since 1945 (due to World War II). For the...

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From the Editor – Discharge

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Related Articles

What Does “Following” Mean?

To Conduit, Or Not To Conduit? That Is The Question. Or Less Shakespearean: “Conduit Mortgage Case Law”

Ask Ms. Ps & Qs

The New DOJ/DOE Guidance for Student Loan Bankruptcy Litigation: Promising Early Results

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