In re Key, 465 B.R. 709 (Bankr. S.D. Ga. 2012) (Barrett)

Property inherited more than 180 days after Chapter 13 petition was not property of estate. Preamble to § 1306(a)(1) makes reference to entirety of § 541, not simply § 541(a). Section 1306(a)(1) incorporates exclusions in § 541(b).

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Escrow 101 – Part 2 of 3

September 12, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 3 Escrow 102 – Part 1 Escrow 102 – Part 2

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Critical Case Comment

January 19, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner v. N.Y. State Higher Education Servs. Corp. rather than satisfying the judicial gloss added by subsequent decisions. Rosenberg v. N.Y. State Higher Education Servs. Corp., 2020 WL 130302...

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Locked Out: Blocked Mortgage Portals May Be Violation of the Stay

Kara K. Gendron

November 10, 2024

A new case has shed light on a common practice by mortgage companies -- denying Chapter 13 debtors access to online payment portals. This case brought to the forefront a significant issue for Chapter 13 debtors across the country—the need for accessible payment methods that allow them to stay current with their mortgage payments and successfully complete their repayment plans.

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Critical Case Comment – Bad Faith to Not Pay Both Tests?

Henry E. Hildebrand, III

February 27, 2022

Chapter 13 debtor is not obligated to pay both the disposable income pool and the best interest of creditors test pool to achieve confirmation, only the larger of the two; it is not a manifestation of bad faith that the debtor does not pay both the disposable income pool and the best interest of creditors test amounts. (Altenberger) In re...

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Critical Case Comment – Frontloading Attorney’s Fees

Henry E. Hildebrand, III

August 6, 2023

Nothing prohibits the confirmation of a Chapter 13 plan which frontloads the payment of attorney’s fees ahead of payments to secured and other creditors.

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Saldana v. Bronitsky – POV Counter Point

Henry E. Hildebrand, III

December 8, 2024

In a point-counter-point to Cathy Moran’s Saldana v. Bronitsky article from last week, Hildebrand brings a slightly different perspective to the case which now appears headed to the Supreme Court. See also: Early Christmas Present for Chapter 13 Bankruptcy Attorneys

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Critical Case Comment

July 11, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) A prior servicer of a mortgage claim subsequently transferred to another servicer could be held liable if the transferor servicer provided inadequate or incorrect information to the transferee. (Aron) In re Bivens vs. NewRez LLC (In re Bivens), 625 B.R. 843 (Bankr. M.D. N.C., March 25, 2021) Case Summary...

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Private Collection Agencies – What You and Debtors Need to Know

November 17, 2019

Taxpayers who are contacted by a private collection agency on behalf of the IRS might have questions about the program. These taxpayers can visit IRS.gov to find answers to questions they might have. In fact, to better help these taxpayers, the IRS recently updated the private debt collection pages on IRS.gov. These updates added more information for taxpayers whose case...

Bankruptcy Intersecting with Tevis Equals Malpractice Claim

Nicole P. Novak

March 20, 2022

A New Jersey attorney is the subject of a legal malpractice complaint for allegedly failing to properly preserve a marital tort claim as an exception to discharge. Asma J. Warsi v. Adrian J. Johnson (Case No. MID-L-001023-22, Super. Ct. of N.J., Middlesex County); In re Chaundry, 569 B.R. 372 (Bankr. D. N.J. 2017). In Chaundry, Creditor Wife had a marital...

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Find The Hidden Mortgage Interest Tax Deduction in Bankruptcy

Cathy Moran

October 8, 2023

An article we run about this time each year . . . Do you have clients in an active Chapter 13 plan paying back mortgage payments that were delinquent when the case was filed? There could be a significant tax deduction hidden in there somewhere. Learn how to find it.

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