In re Gerardin

In re Gerardin, 2011 WL 1118495 (Bankr. S.D. Fla. March 11, 2011) (Mark)

A debtor who is ineligible for a Chapter 13 discharge may not strip down or strip off a lien.

Case Summary

Karin Gerardin was one of several debtors that had obtained a Chapter 7 discharge and then filed a Chapter 13 case with the express desire to strip off a totally unsecured junior mortgage on her home. The mortgage holder and the Chapter 13 trustee objected to her attempt to strip off the junior lien because Ms. Gerardin would not . . .

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.

U.S. Trustee Fee Unconstitutional

The Honorable William Houston Brown

June 12, 2022

On June 6, the Supreme Court’s unanimous opinion in Siegel v. Fitzgerald1 held that the increase in U.S. Trustee fees in Chapter 11 cases violated the uniformity requirement of the Constitution’s Bankruptcy Clause,2 because the fee increase in 2017 only applied to in the U.S. Trustee districts and didn’t apply to the Bankruptcy Administrator districts in Alabama and North Carolina....

Retirement of the Honorable Guy R. Humphrey

The Academy

February 18, 2024

Retirement of the Honorable Guy R. Humphrey

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – PART ONE

September 15, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) “I do not suggest my thoughts here are anywhere close to exhaustive. . . . Of course, my thoughts may be off mark on one or more items, but the discussions need to start somewhere, so here we go…” See also: 2019 Legislation Affecting Bankruptcy Practice – Overview

Members

The Importance of Using the Latest Master Mailing List for Serving Your Bankruptcy Documents

July 18, 2021

By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) One of the most important issues in serving your Chapter 13 Plans, Motions to Modify, Motions to Incur, Fee Applications, and other necessary documents served or noticed under the bankruptcy rules is using the most recent Master Mailing List (“MML”) from the Court. Your Court Clerk maintains and updates, on a regular...

Members

U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

The Academy

September 10, 2023

These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024. YEP, this means you, y’all, all y’all, you guys, and yoos guys. Doesn’t matter if you have been doing 341’s via telephone for 100 years . . . it’s ZOOM as soon as implemented in your district. For Debtor Atty’s, this may require having clients...

Max’s Knowledge Nugget

Max Gardner

November 13, 2022

Question: May a servicer charge to generate a payoff quote? Answer: 1026.36(c)(3) Payoff statements. In connection with a consumer credit transaction secured by a consumer's dwelling, a creditor, assignee or servicer, as applicable, must provide an accurate statement of the total outstanding balance that would be required to pay the consumer's obligation in full as of a specified date. The...

Members

How Guarantors Can Escape Tax on Soured Debt

May 19, 2019

By Cathy Moran, Esq. (Redwood City, CA) and William J. Purdy, III, Simmons & Purdy (Soquel, CA) Ever guarantee the debt of another? Ever meet anyone who has? Chances are if you’re in business and the business is a C-corporation, an S-corporation, an LLC, or a partnership, when that business borrows money, the lender will require one or more persons...

Members

Substantial Contribution Claims

June 9, 2019

By Nicholas Miller, Third-Year Student, University of Texas School of Law, and Madison Haueisen, Second-Year Student, University of Texas School of Law The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution...

Members

Rescuing a Troubled Chapter 13: The Unseen Threat

February 24, 2019

By Cathy Moran, Esq. (Redwood City, CA) We all get sucked in, at some time, to try and rescue a Chapter 13 bankruptcy case gone bad. Make sure that you don’t let a bad situation get worse. Get your arms around §109(g). When only a do-over will do, don’t wait around. No Payments for Months The debtor came to me...

Members

How to Present an Effective Summary Judgment Motion

August 23, 2020

By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...

Members

In re Gerardin

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

Related Articles

U.S. Trustee Fee Unconstitutional

Retirement of the Honorable Guy R. Humphrey

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – PART ONE

The Importance of Using the Latest Master Mailing List for Serving Your Bankruptcy Documents

U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

Max’s Knowledge Nugget

How Guarantors Can Escape Tax on Soured Debt

Substantial Contribution Claims

Rescuing a Troubled Chapter 13: The Unseen Threat

How to Present an Effective Summary Judgment Motion

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: