Critical Case Comment

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

Danielson v. Flores (In re Flores), 2012 WL 3803936 (9th Cir, Aug. 31, 2013) (Chen)

Debtors with no “projected disposable income” as calculated on Form 22C do not have a mandatory applicable commitment period and can propose Chapter 13 plans less than 60 months, even after Lanning.

Case Summary

The Flores’ had income above the median for their state and filed a Chapter 13 petition proposing a plan of 36 months with monthly payments of $148. The proposed plan would . . .

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Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

Lawrence R. Ahern, III

February 27, 2022

Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addressed reaffirmation in a context that should be of interest to debtor's attorneys. As explained in Part 1, Rhodes points out that the "ride-through" of a debtor's secured debt after a Chapter 7 — which Congress . . . It...

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Taxes, Offset, and Mutuality

October 13, 2019

By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy lawyers are accustomed to evaluating the dischargeability of taxes when deciding when to file a client's bankruptcy case. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the “when do we file” analysis. In the simplest situation, the client owes...

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Tribute to Barbara P. Foley, Esq.

Hon. Scott W. Dales

September 15, 2024

“ . . . Barb quickly put my concerns to rest . . . . She was respectful but firm, of course, and I could also detect a nurturing side. We talked about, of all things, my relationship with my mother (let's not go there!) and I foresaw that Barb would be making her mark on our district.” We will miss you, Barb!!!

Eligibility “Twofer”

Henry E. Hildebrand, III

July 14, 2024

These cases are of specific interest to creditors but debtor attorneys and trustees also should be aware. Chapter 7 debtor bears the burden of proof of demonstrating eligibility in order to convert to Chapter 13; such proof requires them to demonstrate that they have regular income adequate to fund a Chapter 13 plan. AND . . . Chapter 13 plan fails to satisfy the eligibility requirements if it depends upon gifts or loans to be feasible.

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Ask Ms. Ps & Qs

Nancy B. Rapoport

July 5, 2026

Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada (Las Vegas) Nobody wants to be “that guy”!

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Legal Aid and Who Are Our Chapter 13 “Customers”

January 10, 2021

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...

Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone

June 21, 2020

By Academy Staff The Automatic Stay is one of the most fundamental aspects of the Bankruptcy Code, providing a Chapter 7 Trustee “breathing room” to investigate Debtor’s financial affairs; and providing Debtors in Chapter 13 time to formulate and confirm a Chapter 13 Plan without facing the imminent loss of assets. Equally important, most Courts have concluded that actions in...

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Still Trying to Apply Taggart: Fourth Circuit Vacates Beckhart v. Newrez, LLC

Lawrence R. Ahern, III

May 15, 2022

Background - In re Taggart In 2019, the Supreme Court rendered its opinion in In re Taggart,1 which was the subject of earlier analyses: (1) Is a Finding of Contempt Precluded by a "Good Faith" but Unreasonable Belief that an Action Does Not Violate the Discharge Injunction?; (2) Looking Beyond . . . It looks like you are not signed...

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Small Business Reorganization Act

September 29, 2019

By The Honorable Hannah Blumenstiel Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t. We are building our library on this important legislation so it is available when YOU are ready for it. In this week’s installation, Judge Blumenstiel, analyzes the legislation. The first two and a half...

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Cars, Fines, and Chapter 13 in the Windy City

January 12, 2020

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) The Seventh Circuit thought that it had finished dealing with the intersection of cars, fines, Chapter 13, and the City of Chicago when it rendered its decision earlier in 2019 in “Steenes I.” In re Steenes, 918 F.3d 554 . Alas, it was not to be,...

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Related Articles

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

Taxes, Offset, and Mutuality

Tribute to Barbara P. Foley, Esq.

Eligibility “Twofer”

Ask Ms. Ps & Qs

Legal Aid and Who Are Our Chapter 13 “Customers”

Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone

Still Trying to Apply Taggart: Fourth Circuit Vacates Beckhart v. Newrez, LLC

Small Business Reorganization Act

Cars, Fines, and Chapter 13 in the Windy City

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