Foreclosures

In this series of articles, I’ve described how my firm developed a litigation practice area to generate revenue that isn’t dependent on new bankruptcy cases. As debtor attorneys around the country wait for bankruptcy cases to return to pre-COVID levels, I hope these articles might inspire others to create income for themselves while obtaining valuable remedies for their clients. Today,...

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Bankruptcy Rule 2002(a)(5) directs that 21 days’ notice must be given of the “time fixed to accept or reject a proposed modification of a [Chapter 13] plan.” But to whom must notice be given? Specifically, which creditors need to be given notice? This...

By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members Both consumers and businesses often depend on motor vehicles for their livelihood or, for consumers, access to health care, child care, or other essential services. A creditor’s repossession of a motor vehicle can turn into an existential crisis...

If a Chapter 13 plan makes no provision for a mortgage obligation, omits any treatment of the mortgage claims, and prohibits the Trustee from making disbursements toward the claims, the claims are not provided for by the plan and the plan can be confirmed over the objection of the creditor and the trustee; nothing requires a plan to provide for...

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment. (Duncan). No...

By Eric K. Fox, Esq. (Hendersonville, TN) Jane Debtor has a home with a mortgage. An unsecured creditor obtains a judgment against Jane for, say, a credit card debt. Creditor’s attorney records a certified copy of the judgement order with the county register of deeds, thereby converting the unsecured claim against Jane in personam, to a secured claim against her...

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL) We talk about it daily - emailing issues back and forth as to what is reasonable and what is not. Should every Court have a basic reasonable fee structure or should every attorney be required to file an application to prove the reasonableness of his/her...