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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Critical Case Comment – Topping Off the Risk Factor

Henry E. Hildebrand, III

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To pay present value to a secured creditor, a reorganization plan may start with a treasury rate and add a risk factor and need not start with a prime rate plus a risk factor.

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By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 Click here for Part 2 C. What Post-Petition Assets Are Property . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or E-mail:

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Henry E. Hildebrand, III

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Honorable Kevin R. Anderson, U.S. Bankruptcy Court District of Utah

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Prior to his appointment as a bankruptcy judge for the District of Utah in September of 2015, Judge Anderson served for seventeen years as the Standing Chapter 13 Trustee for the District of Utah. During this time, he administered over 70,000 Chapter 13 cases. Judge Anderson was elected president of the National Association of Chapter 13 Trustees (NACTT), and he...

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Henry E. Hildebrand, III

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Debtor’s counsel should not be compensated for work undertaken on behalf of a debtor in order to correct errors.

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From the Editor – Fair Debt Collection Practices Act

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By The Honorable William Houston Brown (Retired) Class action certification on predominance. The Eleventh Circuit remanded, finding that the District Court had abused its discretion in refusing to certify a class on a predominance theory for former debtors who had obtained discharge of personal liability on residential mortgages and who asserted violations of the FDCPA by a loan servicer. The...

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By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) Reaffirmation hearings during the pandemic have been difficult, at least for me. The economic risks for debtors are greater. There are uncertainties about the availability of credit, and the availability of suitable vehicles. Prices of used cars have gone up – with stimulus money pushing...

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By Cathy Moran, Esq. (Redwood City, CA) Mortgage forbearance for homeowners, shout the headlines. No need to make a house payment. Borrowers who can’t make this month’s mortgage payment were thrown a lifeline of sorts in the coronavirus rescue package. Only it’s probably not the help they think it is. And the lifeline may be far more fragile than they...

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