U.S. Bank, N.A. v. Vu (In re Vu), Nos. CC-10-1332-PaDKi, LA 10-17213 AA, 2012 WL 1521635, at *8–*9 (B.A.P. 9th Cir. May 1, 2012) (Pappas, Dunn, Kirscher)

Mortgagee’s challenge to “best practices” addendum to Central District of California Chapter 13 plan was rejected in large part by Ninth Circuit in Greenpoint Mortgage Funding, Inc. v. Herrera (In re Herrera), 422 B.R. 698 (B.A.P. 9th Cir. Jan. 5, 2010) (Pappas, Hollowell, Dunn), aff’d and adopted sub nom. Home Funds Direct v. Monroy (In re Monroy), 650 F.3d 1300 (9th Cir. June 20, 2011) (Pappas, Hollowell, Dunn); challenge is otherwise not supported by any evidence that the reporting requirements in the addendum are unduly burdensome or costly. “[T]he bankruptcy court was not obliged to consider as ‘evidence’ the statements of U.S. Bank’s attorneys that fees of $75 per month and $100 per quarter would be added to each debtor utilizing the Addendum. . . . [T]his information was not probative concerning the principal harm alleged by U.S. Bank—that the Addendum would cause significant expense to the bank because it would require new accounting systems, training, and associated costs. . . . [I]t is difficult to understand how add-on attorney fees create significant accounting burdens, let alone a need for restructuring U.S. Bank’s whole accounting system. . . . [W]hether compliance with the Addendum may cause a given creditor to incur burdensome costs, either on an individual or general basis, may still be an open question. . . . However, U.S. Bank did not provide any competent, evidentiary support for its position that the Addendum imposes unreasonable and unnecessary burdens on its financial and accounting systems.”

No Author Biography has been linked to this Article.

Related Articles

May 23, 2021
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Bankruptcy Court for the District of Colorado ruled recently, in a case styled In re Ikalowych,1 that while eligibility for subchapter V of Chapter 112 requires that 50% of a debtor's debt must arise from commercial or business activities, the debtor was not required to be directly involved...
Members
May 31, 2020
(Reprinted with permission: https://www.dailyjournal.com/) By M. Jonathan Hayes, Resnik Hayes, Moradi LLP (Los Angeles) I met with my best friend Jim King, consumer bankruptcy attorney extraordinaire, during the Thanksgiving break in 2014, several weeks before his untimely death. We met at his office in Glendale to do his oral history. Somewhere in there I told him he could borrow my...
Members
finberg
September 10, 2023
Andrew B. Finberg has been appointed as a Chapter 13 Standing Trustee for the District of New Jersey.  Finberg is picking up the mantle left by happily retiring Isabel Balboa.
ahern_larry_regular
April 30, 2023
Introduction One new rule and amendments to 16 rules took effect December 1, 2022.  Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA), and had been in place in the same or similar form on an interim basis since that legislation took effect.  Part 1 of this series summarized . . . It looks like you...
Members
April 7, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Debtors could not deduct ownership costs for vehicle secured by non-purchase money lien. The above-median debtors claimed ownership deduction of $497 from projected disposable income, when the title loan payments on the vehicle were only $66.67. The difference in these amounts meant unsecured creditors could receive $25,819.80 over the...
Members
October 3, 2021
By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 - Part 1 Escrow 101 - Part 2 Escrow 101 - Part 3 Escrow 102 - Part 1
Members
February 21, 2021
By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN) I have recently written an article for the NACTT Quarterly, that may or may not be published at the time of this writing, which is simply a stream-of-conscious style response to Senator Elizabeth Warren’s desire to modify the Bankruptcy Code based upon her perception that debtors’ attorneys get rich off...
ahern_larry_regular
January 30, 2022
Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addresses reaffirmation in a context that is very significant and should be of interest to all debtor's attorneys. It points out that the "ride-through" of a debtor's secured debt in Chapter 7—which Congress tried to eliminate in 2005—still exists. In...
Members
June 23, 2019
Members of the military and their families often qualify for special tax benefits. For example, members of the armed forces don’t have to pay taxes on some types of income. In addition, special rules could lower the tax they owe or allow them more time to file and pay their federal taxes. Here are some of these special tax benefits:...
M Joseph Photo 2-1-22
January 21, 2024
“Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”
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: