Johnson v. Home State Bank, 501 U.S. 78 (1991)

By Professor M. Jonathan Hayes, Northridge, CA
Issue:  Can “a mortgage lien that secures an obligation for which a debtor's personal liability has been discharged in a Chapter 7 liquidation [be] a ‘claim’ subject to inclusion in an approved Chapter 13 reorganization plan.”

Holding:   Yes

Justice Thurgood Marshall wrote the opinion for a unanimous Court.

The debtor filed a Chapter 7 case and received a discharge.  Subsequently, the bank began foreclosing on a mortgage held on farm property owned by the debtor.  The debtor then filed Chapter 13 listing the debt owed secured by the farm, some . . .

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.

Related Articles

February 16, 2020
Although she steps into very large shoes, Julie Philippi is a welcome addition to the Chapter 13 Trustee fraternity. Ms. Philippi was appointed as the Chapter 13 Standing Trustee for the Western District of New York on January 1, 2020. Those large shoes were left by retiring NACTT icon, Albert Mogavero. “Al” served as Standing Trustee for 42 years (yep,...
Members
moran_cathy
February 11, 2024
Communications Practice Pointer! Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. Communicating clearly with our clients, in their language, is a key part of our job. The struggle often seems Herculean.
Members
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...
Members
ahern_larry_regular
November 6, 2022
Introduction This year sees changes in the Code and numerous new and amended Rules of BankruptcyProcedure that are to be effective December 1. The statutory amendments and the changes in therules that do not relate to cases under subchapter V of Chapter 11 are summarized below. They will be followed, by a digest of other new and amended rule and...
Members
October 11, 2020
By Cathy Moran, Esq. (Redwood City, CA) Once again, I sat in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners. She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication,...
Members
October 25, 2020
By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Exactly whose interests does the trustee represent, and when should the trustee object or move to modify? Hope v. Acorn Financial, Inc., 731 F.3d 1189 (11th Cir. 2013). The Eleventh Circuit held that a chapter 13 trustee who was aware of defects with a secured claim before...
Members
June 16, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it. Quicken...
Members
December 6, 2020
By Academy Staff On October 1, 2020, Jonathan W. DeLoach was appointed as a Chapter 13 Standing Trustee for the Middle District of Georgia. He inherited a razor-sharp trusteeship vacated by retiring Kristin Hurst. Jon, as he prefers to be called, received his Bachelor of Arts in History in 1988 from Emory University in Atlanta, Georgia. He is a National...
QueneshiaFleming
September 24, 2023
“The ambiguity of § 302 raises the question:are jointly administered cases two separate estates? If jointly administered cases are two separate estates, are trustees doing it wrong?”
Members
October 20, 2019
By The Honorable William Houston Brown (Retired) Debtor’s objection to tax claim for being “too low” was rejected. Noting that the debtor could not benefit prior to distribution to creditors, in event trustee found assets for distribution, debtor’s objection to claim filed by tax creditor on basis that claim was “too low” was rejected. “The debtor comes last, not first,...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

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