What Happens in the Plan Stays in the Plan

What Happens in the Plan Stays in the Plan – Part 2

By Mark C. Leffler,1 Boleman Law Firm
click here for part I
The recent case of In re Formaneck, 534 B.R. 29 (Bankr. D.Colo. 2015), is a vivid example of the risk every Chapter 13 debtor takes when they propose to pay their post-petition mortgage payment directly. After faithfully paying their plan payment to the trustee for 58 months, the debtors’ case was dismissed because they had failed . . .

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How I Got Started

George Stevenson

May 8, 2022

My life in 1982 was in a bit of turmoil. I had recently gotten married and was working as in-house counsel for a regional furniture retailer. My position included a lot of collection work – beating up on debtors in state and bankruptcy courts. I was not unhappy but I was not comfortable with my work – it was clear...

Critical Case Comment – Siegel v. Fitzgerald

Henry E. Hildebrand, III

June 19, 2022

Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution. (Sotomayer) Siegel v. Fitzgerald, 2022 WL 1914098 (S.Ct. June 6, 2022) Case Summary In 2008, the retail chain, Circuit City Stores, filed a Chapter 11 petition. In 2010, Circuit City’sliquidating plan was confirmed...

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From the Editor – Claims

October 20, 2019

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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Escrow 101 – Part 2 of 3

September 12, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 3 Escrow 102 – Part 1 Escrow 102 – Part 2

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CARES Act Rebates and Domestic Support Arrears

May 10, 2020

By Elizabeth Gunn, Assistant Attorney General, Virginia Division of Child Support Enforcement, Bankruptcy Specialisti In late April, the federal government began issuing economic impact rebate payments to qualifying individuals under the CARES Act. While the CARES Act specifically identified and exempted the rebate payments from reduction or offset against certain debts including federal taxes and student loans in default, the...

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Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov

February 17, 2019

Offering time-saving alternatives to a telephone call, the IRS reminds taxpayers they can get fast answers to their refund questions by using the “Where’s My Refund?” tool available on IRS.gov and through the IRS2Go app. The IRS issues nine out of 10 refunds in less than 21 days, and the fastest way to get a refund is to use IRS...

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? – Part 1 In re Rhodes Says, “Let Me Count the Ways”

Lawrence R. Ahern, III

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Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addresses reaffirmation in a context that is very significant and should be of interest to all debtor's attorneys. It points out that the "ride-through" of a debtor's secured debt in Chapter 7—which Congress tried to eliminate in 2005—still exists. In...

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From the Editor – Confirmation

March 8, 2020

By The Honorable William Houston Brown (Retired) Equal monthly payments and attorney fees. The secured creditor objected to confirmation on basis that the plan improperly deferred its payments until debtor’s attorney fees were paid, and the District Court affirmed confirmation that delayed start of secured equal monthly payments for 21 months. The opinion examines three approaches to the issue: 1)...

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part IV

October 4, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART IV – INTRODUCTION TO CONSUMER FORECLOSURE PROCEDURES 2020 portends a flood of bankruptcy filings. In the consumer bankruptcies, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at topics involving the interplay of...

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After Chicago v Fulton: Not Only Cars – A Survey of Fulton Rulings and a Weakened Automatic Stay

Hale Andrew Antico

December 11, 2022

Intro: What is a Fulton ruling? When Chicago v Fulton (In re Fulton), 141 S Ct. 585 (Sup Ct, 2021) was first decided by the Supreme Court, there was a consensus among bankruptcy attorneys that the erosion of the automatic stay with regard to turnover was only about cars. That is, Fulton was a narrow ruling that was only about...

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