The Case for Saving in Chapter 13

Ms. Moran has headed her own small firm Moran Law Group in Mountain , California, for nearly 30 years. Family law and tax issues as they play out in bankruptcy are areas of particular interest to Cathy.

Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we squander the chance to use Chapter 13 to teach new budgeting habits. Shame on us.

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.

Disregarding Bankruptcy Protections Can be Costly: How Courts Decide Punitive Damages Awards for Stay Violations

December 15, 2019

By Veronica D. Brown-Moseley and Stephen F. Relyea1 The automatic stay serves as a shield that immediately protects debtors in bankruptcy and their property from a host of creditor collection actions ranging from foreclosure, repossession, and garnishment to collection letters and phone calls. In most instances, the filing of a bankruptcy case forces creditors to cease all collection actions and...

Members

Claims Secured by Personal Property

Pamela Simmons-Beasley, Dennis LeVine, Esq., Michael J. Watton, Esq.

June 18, 2023

Chapter 13 in the Bankruptcy Code (1978 as amended) marks the first time that virtually all secured debts can be somewhat altered in a bankruptcy without getting the specific agreement of security holders. Real benefit is provided to the debtors who have personal property with secured loans due. Concepts including the automatic stay preventing enforcement or perfection of a security...

Members

The NCBJ Is Turning 100

The Honorable Deborah L. Thorne, The Honorable Kathy A. Surratt-States

April 21, 2024

Judge Deborah Thorne, NDIL, and Judge Kathy Surratt-States, EDMO, on behalf of the NCBJ’s DEI Committee, have written two articles about some of judicial firsts.

The Irony of Filing a Motion to Dismiss with Prejudice

April 12, 2020

By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN) Are chapter 13 serial filers abusing the bankruptcy system? Maybe or maybe not. There are many reasons debtors file multiple bankruptcy cases across the nation, including but not limited to parking tickets, court fines, utilities, lack of financial literacy, foreclosure, past due rent,...

Members

From the Editor – Curing Default

October 27, 2019

By The Honorable William Houston Brown (Retired) Debtor could cure default beyond 60 months. Agreeing with In re Klaas, 858 F.3d 820 (3d Cir. 2017), bankruptcy court had discretion to permit debtors to cure plan default, allowing a reasonable grace period beyond the 60 months of confirmed plan. Dismissal of the case for plan default was not required under §...

Members

Avoidance Powers in Chapter 13 – Part 5 of 6

January 27, 2019

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

Members

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

January 17, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART VII – CONSUMER CREDITORS' PENALTIES FOR VIOLATIONS OF FORECLOSURE AND OTHER ARTICLE 9 RULES Introduction In this space, we have looked at numerous topics involving the operation of Article 9 of the Uniform Commercial Code (UCC) in bankruptcy; in the current series, we are reviewing Article 9's important rules...

Members

Chapter 13 Trustee Duties, Powers, and Limitations

October 4, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Who appoints the standing chapter 13 trustee? The United States Trustee appoints the standing chapter 13 trustee for each judicial district where the UST system is in place, while the court appoints the standing chapter 13 trustee under the Bankruptcy Administrator program. See 11 U.S.C. § 1302...

Members

Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

January 26, 2020

By Cathy Moran, Esq. (Redwood City, CA) Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over. Does appreciation occurring after filing go to creditors on the theory that the appreciation is property of the estate? Or does the vesting of property at confirmation entitle the debtor...

Members

Rebecca Rogers Garcia

February 10, 2019

Rebecca Rogers Garcia was a staff attorney for Mary B. Grossman, the Chapter 13 Trustee in Milwaukee from 2002 until November 2014. Prior to her employment with the Chapter 13 Trustee; she represented debtors in consumer cases. Ms. Garcia is on the board of the Bankruptcy, Insolvency and Creditors Rights Section of the State Bar of Wisconsin and a member...