Chapter 13 Under The Bankruptcy Act And Chandler Amendments

Robert Goering, Sr., a bankruptcy attorney in Cincinnati, Ohio, who maintains an active bankruptcy practice representing debtors and creditors in consumer and business cases, began filing chapter 13 cases in 1963.

Until Congress passed the Bankruptcy Code in 1976, Chapter 13 practice was practiced under the Bankruptcy Act of 1898, the Chandler Amendment of 1938 [the Amended Act] and the applicable Rules. Nostalgia sets in looking back at the "good old days". The Amended Act was sketchy at best as it related to Chapter 13; however, it had many endearing provisions.

Sec. 624(2) provided for a filing fee . . .

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In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...

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From the Editor

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Henry E. Hildebrand, III

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M. Jonathan Hayes

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Critical Case Comment – Pre to Pre and Post to Post

Henry E. Hildebrand, III

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Henry E. Hildebrand, III

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This is a potential BIGGIE . . . Where a Chapter 13 debtor incurs one relatively small expense covered by the IRS Local Standards, the debtor is entitled to deduct from CMI the entire allowance to calculate Projected Disposable Income.

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