Critical Case Comment - In re Picht, 396 B.R. 76 (Bankr. D. Kan. 2008) (Berger) • NACTT Academy

Critical Case Comment – In re Picht, 396 B.R. 76 (Bankr. D. Kan. 2008) (Berger)

In re Picht, 396 B.R. 76 (Bankr. D. Kan. 2008) (Berger)

Completion of a Chapter 13 plan can result in the “strip off” of an undersecured, modifiable lien on the debtors’ home even where the debtors will not receive a discharge.

Summary of the Case

The debtors obtained a SBA loan to finance a small business and pledged all of the business equipment, fixtures, inventories, and other assets. In addition, they personally guaranteed the debt and . . .

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.

Taxes, Offset, and Mutuality

October 13, 2019

By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy lawyers are accustomed to evaluating the dischargeability of taxes when deciding when to file a client's bankruptcy case. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the “when do we file” analysis. In the simplest situation, the client owes...

Members

Critical Case Comment – Fair Discrimination: A Win/Win

Henry E. Hildebrand, III

December 11, 2022

A Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a student loan creditor as a long-term debt (which will not satisfy the student loan in the commitment period) without committing all available disposable income. (Mullin) In re Victoria Florita Durand-Day, 2022 WL 14938726 (Bankr. N.D. Tex. October 26, 2022) Case...

Members

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1

March 22, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Click here for Part I Click here for Part II Part III - Description of Collateral Introduction The . . . 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 Email Password Remember me...

Members

Critical Case Comment – How Many Cats?

Henry E. Hildebrand, III

August 7, 2022

Even though the Chapter 13 debtor’s 36 cats were property of the estate, the county animal control office could pursue possession of the cats and resulting disposition (by way of adoption). (Hagenau) In re Karen Mitchell-Smith, 2022 WL 2195466 (Bankr. N.D. Ga. June 17, 2022) Case Summary Sometime in 2021, Henry County Animal Control took possession of 36 cats that...

Analyzing the Troubled Chapter 13 During COVID19

May 3, 2020

By Cathy Moran, Esq. (Redwood City, CA) After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we'll be called on to guide clients forward, in one direction or another. Let's review the questions we'll need to answer in order...

Members

Fond Farewell to Danny O’Brien

The Academy

September 25, 2022

Dear Danny, We know that you would not want a tribute – it’s simply not who you are. But we couldn’t let this moment pass without acknowledging how admired and respected you are. We will all miss you and are better for having known you. You are a stellar example of what all humanity should strive to be. As a...

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...

Members

Avoidance Powers in Chapter 13 – Part 4 of 6

January 20, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 2 of 6 Click here for Part 3 of 6

Members

What Is the Difference Between an Adversary Proceeding and a Contested Matter?

M. Jonathan Hayes

June 16, 2024

A colleague of mine recently asked “what’s the difference between an adversary proceeding and a contested matter?” My immediate response was “very little.” But I decided to take a look at the rules so I can give a little more thoughtful answer the next time I’m asked.

Members

Carl L. Bekofske – When a Man Has Made His “Mark” and the Next Step Is Retirement…

Kathleen A. Leavitt

October 8, 2023

How do you acknowledge such an accomplished man; especially one who is also the consummate gentleman; a man of integrity; a community leader; the sharer of wisdom and knowledge? Of course, you list his impressive biographical accomplishments. But you also think about his influence on you and others in your circle. You reach out to those you know who were...