September 2012

By Beverly Burden, Chapter 13 Trustee, Lexington, KY During the course of a chapter 13 case, it is not unusual...

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah The Tenth Circuit ruled that the lien strip...

By John Gustafson, Chapter 13 Trustee, Toledo, Ohio VI.    Putting Social Security Income Into The Plan Voluntarily. A.     Is It Ado...

By Professor Michaela M. White* PART II - RELIEF FROM THE AUTOMATIC STAY IN DOMESTIC RELATIONS MATTERS Motions for Stay...

Although literal application of § 348(f)(1)(A) can be anomalous, when good faith is not at issue, prepetition tax refund spent...

Debtor ineligible for discharge because of § 1328(f) can strip off wholly unsecured lien on primary residence. “[T]he parties agree...

$3,684 is reasonable fee for “relatively uncomplicated” Chapter 13 case. “[W]e have recognized that the lodestar method is an appropriate...

“Fee-only” Chapter 13 plan is not per se bad faith. “We believe that the totality of the circumstances approach to...

Failure to “publically announce” postponement of foreclosure sale after Chapter 13 petition violated state law, and subsequent foreclosure was void;...

When I woke up in the morning, I wasn’t planning on spending part of the day in a courtroom.  But,...