When Chapter 13 Debtors Receive Windfalls – Part 1 of 3

By Mark C. Leffler, 1 Boleman Law Firm, P.C., Richmond, Hampton, and Va. Beach, VA

click here for Part II, click here for Part III

It is not a circumstance that occurs all that often in the life of a debtor’s attorney, but occasionally one of my Chapter 13 clients experience a significant improvement in their financial circumstances through the receipt of an inheritance or life insurance benefits or even, against all laws of mathematics, from . . .

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Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class

August 25, 2019

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The Bankruptcy Code does not – and thus a trustee cannot – require a debtor to treat nondischargeable student loan debts in a separate class from other general unsecured claims under § 1322(b)(1), even when including them all in the same pool will result in...

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Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions

March 10, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART III: The Lower Courts Struggle with Arbitration Guidelines Introduction Click here for Part I Click here for Part II

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Measuring Success in Chapter 13: Five Years Later

June 6, 2021

By Brian D. Lynch, Bankruptcy Judge, Western District of Washington Five years ago, I wrote an article for this publication, “Measuring Success in Chapter 13,”1 where I criticized some media and academics for repeating an outdated and misleading statistic about the success of chapter 13 cases. So it was disconcerting to see John Oliver recently on Comedy Central’s Last Week...

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Ms. Ps & Qs

Nancy B. Rapoport

May 15, 2022

Dear Readers: There are some basic truths. One is that when someone says, “hey, watch this!,” the result is likely to involve blood or stitches. Another is that, when an author describes something with the leadoff word, “interestingly,” it often isn’t. And a third is that one shouldn’t mislead bankruptcy judges. In two wonderfully written cases, bankruptcy judges made this...

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Judicial Year in Review 2021: Part 3 – Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

December 5, 2021

Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, and Part 2's digest of selected judicial decisions of interest for their procedural import . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or...

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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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Impact of the Repeal of Cares Act Chapter 13 Plan Modifications: Is It a Death Knell for Cases Beyond 60 Months?

Michael B. Joseph

January 8, 2023

Under the CARES Act 11 USC § 1329 was amended to include a temporary provision that permitted confirmed chapter 13 plans to extend the plan term to up to 84 months. To do so, debtors were required to show they were affected by COVID, § 1329(d).i The maximum term under 11 USC §1329(c) has always been 60 months. Under the...

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Preferences: When does the Clock Start Running?

Alan C. Hochheiser

February 19, 2023

Creditors may now be subject to more preference actions, especially for those cases filed in Indiana. The Seventh Circuit recently overturned long-standing precedent that the preference period on garnishment of attachment would no longer run from the date of service or knowledge of the attachment but when the funds were paid over. The Seventh Circuit Court of Appeals in Mark...

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The Weak Link in the Means Test

Cathy Moran

August 27, 2023

The bankruptcy means test, designed to keep people out of bankruptcy, has a fatal weakness. . . . it’s health care.

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From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Claimant in proof of claim lacking prima facie validity was sanctioned. The proof of claim secured by the debtor’s residence failed to satisfy Rule 3001(c)(2)(C) requirements, including incomplete Form B 410A with no payment history. The claimant’s attempt to amend the claim on the eve of the contested objection to claim would defeat...

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