In re Hinkle, No. 5-11-bk-00537 RNO, 2012 WL 2510344, at *5 (Bankr. M.D. Pa. July 2, 2012) (Opel)

Citing Enewally v. Washington Mutual Bank (In re Enewally), 368 F.3d 1165 (9th Cir. May 27, 2004) (Canby, Rymer, Thomas), plan cannot modify unprotected mortgage for payment beyond length of plan under § 1325(d) except to cure and maintain payments under § 1322(b)(5). Plan proposed to modify mortgage secured by a residence and commercial property to extend loan maturity date, reduce principal balance to reflect surrender of a portion of the collateral and change the interest rate. “Section 1322(b)(2) does allow a Chapter 13 debtor to modify a secured claim, other than a claim secured only by the debtor’s principal residence. . . . Where modification is permitted under § 1322(b)(2), it is also subject to the limitations of § 1322(d) . . . . [T]he subject Plan is not a permissible ‘cure and maintain’ plan under § 1322(b)(5) where regular payments would continue during and after the plan and pre-petition arrearages would be cured through the plan. Neither is it an acceptable modification under § 1322(b)(2) with payment of the allowed secured Claim during the term of the Plan.”

No Author Biography has been linked to this Article.

Related Articles

March 1, 2020
By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. and Lawrence R. Ahern, III, Brown and Ahern (Nashville, TN) In two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law. In a...
Members
November 24, 2019
____________________________ Prior to his appointment as a bankruptcy judge for the District of Utah in September of 2015, Judge Anderson served for seventeen years as the Standing Chapter 13 Trustee for the District of Utah. During this time, he administered over 70,000 Chapter 13 cases. Judge Anderson was elected president of the National Association of Chapter 13 Trustees (NACTT), and...
Members
August 8, 2021
By Academy Staff Section 1307(b) provides: On request of the debtor at any time, if the case has not been converted under Section 706, Section 1112, or Section 1208, the court shall dismiss a case under this chapter. This seemingly straightforward provision has generated significant litigation and produced multiple conflicting decisions. Does a Debtor have a right to dismiss a...
Members
September 8, 2019
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of 2019 (SBRA),2 deals on its face with a non-consumer topic. However, it will be of great...
Members
Copy of Hildebrand-2016
December 10, 2023
An over-median Chapter 13 debtor, in calculating projected disposable income, may deduct the higher of the projected plan payment for secured debts or the IRS allowance, but the debtor may not deduct the higher payment under the original contract.
Members
moran_cathy
October 30, 2022
Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we, as a society, squander the chance to use Chapter 13 to teach new budgeting...
Members
Danielle headshot (2)
January 30, 2022
Gambling is inherently risky, but that rings even more true when a bankruptcy is involved. Section 727(a)(5) allows for denial of discharge if “the debtor has failed to explain satisfactorily, …. any loss of assets or deficiency of assets to meet the debtor’s liabilities.” 11 U.S.C. §727(a)(5). Recently, Bankruptcy Judge Timothy A. Barnes in Chicago wrote an opinion in which...
Members
Copy of Hildebrand-2016
April 14, 2024
It is appropriate to convert a Chapter 13 case to one under Chapter 7 when the debtor makes no attempt to cure defaults that arise in the case or take any steps to propose a feasible plan.
Members
Mark
April 17, 2022
Mark Leffler, of the Boleman Law Firm in Virginia and also the current President of the Academy for Consumer Bankruptcy Education, begins a series of articles describing his firm’s development of a broader practice on behalf of consumer debtors. Look for subsequent parts of this series over the next few weeks. My fellow self-described consumer bankruptcy lawyers: you wield more...
Members
February 21, 2021
By William J. Purdy III (Soquel, CA) Got an EDD tax form 1099 but no benefits? At this moment, POTENTIALLY hundreds of thousands of California taxpayers are enjoying the ghastly experience of receiving a Form 1099G courtesy of the California EDD for unemployment benefits the taxpayer never received. The problem is not confined to California; it’s so prevalent, the IRS...
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: