By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Rule 3002.1 gives the Bankruptcy Court authority to impose sanctions, including punitive sanctions, as part of the rules-granted authority to award “other appropriate relief.” (Rodriguez) Blanco v. Bayview Loan Servicing LLC (In re Blanco), 2021 WL 4190170 (Bankr. S.D. Tex. September 14, 2021) Case...
Critical Case Comment
Print This Article
Link to Post:
By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah
In re Stain, Slip Copy, 2013 WL 5217800 (Bankr. D. Utah, Sept. 16, 2013) (Hon. William T. Thurman).
The court will not modify a plan nunc pro tunc to retroactively eliminate plan payments so as to effect a permanent forgiveness of a debtor’s delinquency. However, upon a showing of good cause, and after notice and a hearing, the court can prospectively modify a plan to cure the delinquency while at the same time lowering a debtor’s plan payment.
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Critical Case Comment – And There is Also Blanco
The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?
Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three
Who Is the Person Sitting at That Workstation? Contractor? Employee? Exempt?
Private Collection Agencies – What You and Debtors Need to Know
From the Editor
A Fond Farewell to 007 – Frank M. Pees
Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix B
From the Editor
2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 2 Rules Related to SBRA