Critical Case Comment: In re Munoz

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

In re Munoz, 459 B.R. 621 (Bankr. S.D. Tex., June 21, 2011) (Schmidt)

A creditor that asserted a secured claim in a Chapter 13 case which was subsequently dismissed is estopped from asserting that its claim was an executory contract in a subsequent Chapter 13 case.

Case Summary

The Debtors’ first Chapter 13 plan proposed to treat the claim of MHR as a secured claim.  MHR filed a proof of claim as a secured creditor and the plan . . .

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

moran_cathy
May 7, 2023
The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners.  For example, are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not...
Members
March 1, 2020
By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. and Lawrence R. Ahern, III, Brown and Ahern (Nashville, TN) In two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law. In a...
Members
Copy of Hildebrand-2016
March 2, 2025
Debtor is not entitled to receive title to automobile, treated under the Chapter 13 plan, even though the claim is fully paid in accordance with the plan.
Members
March 10, 2019
When someone legally changes their name, there are tax consequences they need to know about, especially at tax time. People change their names for several reasons: Taking their spouse’s last name after a marriage Hyphenating their last name with their spouse’s after getting married Going back to their former name after a divorce Giving an adopted child the last name...
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
August 2, 2020
By The Honorable William Houston Brown (Retired) Dismissal with 180-day bar affirmed. The debtors had filed eight Chapter 13 cases over eight years, with each dismissed, and in 2019 the spouses filed three more cases. A mortgage creditor moved for relief from the automatic stay and dismissal in each of the cases. The cases were dismissed with a 180-day bar...
Members
March 7, 2021
By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited. At the time I was a panel Chapter 7 Trustee, but my heart had always been in Chapter 13. As corny...
image002
June 30, 2024
The NACTT's Inclusion and Acceptance Committee promotes Chapter 13 Trustee internships through the Tom Vaughn Memorial Internship Program, providing significant benefits to interns.
Copy of Hildebrand-2016
March 16, 2025
In order to discharge a government guaranteed student loan, the Brunner test requires satisfaction of all three principal tests. Failure to meet any of the tests results in no discharge.
Members
moran_cathy
January 26, 2025
Jen Lee is spot-on highlighting poor client communication as the source of both individual client anguish and with discontent with the legal profession as a whole. Failure to return calls is the most frequent complaint to the state bar where I practice. See also: -Stop the Chaos and Fix Client Communication with Smart Tech -Spitballing Chapter 13’s Image Makeover -Ditch the Bankruptcy Jargon—Marketing Chapter 13 as the Ultimate Solution (Note that there are a few comments on this article.) Thoughts on a Chapter 13 image makeover? Let us hear from you.
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: