The Debtor’s Right to Dismiss Under § 1307(b) after Marrama (Can We Play Dismissal-rama? Absolutely Not!)

(Can We Play Dismissal-rama? Absolutely Not!)

A Collaborative Effort By John Gustafson and Michaela White.

John was appointed Standing Chapter 13 Trustee for the Northern District of Ohio, Western Division on October 1, 2007. Prof. White is Editor and Advisor to the NACTT Academy and has taught at Creighton University School of Law since 1990.

In Jacobsen v. Moser (In re Jacobsen), 609 F.3d 647 (5th Cir. 2010), the Fifth Circuit joined an increasing number of courts in holding Marrama v. Citizens Bank, 549 U.S. 365 . . .

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Critical Case Comment

December 27, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville) Section 506(d) does not allow the voiding of a lien when the underlying claim, filed by the debtor, has been disallowed; when notice is provided to a corporation it must be addressed to the individual who holds the office of an officer, manager, or general...

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What is a “Consumer Debt”?

M. Jonathan Hayes

April 21, 2024

By highlighting Judge Stephen Johnson's rulings and insights, Hayes brings readers an analysis of the definition of what consumer debt is . . . and is not.

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ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

April 21, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part I Statutory Suggestions When the Commission asked participants to identify the most important issue in consumer bankruptcy, all three committees were told the same thing: the role of bankruptcy in the field of student loans. All three committees looked at the issue and proposed...

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The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

January 17, 2021

By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...

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Critical Case Comment–84 Months: Lifesaver or Anchor?

Henry E. Hildebrand, III

February 12, 2023

Section 1329(c), as it currently exists, forecloses the ability of Chapter 13 debtor to modify a confirmed plan to alter the plan payment amount while maintaining an extended plan, previously approved under the CARES Act. (Hanan) In re Nelson, 2022 WL 6795096 (Bankr. E.D. Wis. October 11, 2022) Case Summary Immediately after the onset of the COVID-19 pandemic, Congress sought...

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The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019

October 13, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Click here for Part I, Introduction to the 2019 Legislation Click here for Part II, Five Things a Trustee Should Know About SBRA Part III The Small Business Reorganization Act of 2019 (SBRA)1 is of interest to attorneys whose clients in troubled . . . It looks like you are...

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IRS Updates Guidance for Deductible Business, Charitable, Medical and Moving Expenses

November 17, 2019

11/14/19, the IRS issued guidance for taxpayers with certain deductible expenses to reflect changes resulting from the Tax Cuts and Jobs Act (TCJA). Revenue Procedure 2019-46, posted today on IRS.gov, updates the rules for using the optional standard mileage rates in computing the deductible costs of operating an automobile for business, charitable, medical or moving expense purposes. The guidance also...

Cars, Fines, and Chapter 13 in the Windy City

January 12, 2020

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) The Seventh Circuit thought that it had finished dealing with the intersection of cars, fines, Chapter 13, and the City of Chicago when it rendered its decision earlier in 2019 in “Steenes I.” In re Steenes, 918 F.3d 554 . Alas, it was not to be,...

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From the Editor – Claims

June 21, 2020

By The Honorable William Houston Brown (Retired) Portion of divorce award was priority domestic support claim and portion dischargeable unsecured claim. Applying Third Circuit’s factors from In re Gianakas, 917 F.2d 759 (3d Cir. 1990), and considering special master’s intent in divorce proceedings, one-third of former spouse’s claim was priority domestic support but two- thirds was reclassified as general unsecured...

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Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?

November 22, 2020

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Bankruptcy Rule 2002(a)(5) directs that 21 days’ notice must be given of the “time fixed to accept or reject a proposed modification of a [Chapter 13] plan.” But to whom must notice be given? Specifically, which creditors need to be given notice? This...

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