Search
Close this search box.

From the Editor’s Desk – Eligibility, Best Interests Test, and Discharge

-

Link to Post:

By The Honorable William Houston Brown (Retired)

Eligibility: Unsecured junior liens made debtors ineligible. Applying In re Scovis, 249 F.3d 975 (9th Cir. 2001), and looking to the debtors’ schedules, the Ninth Circuit held that three junior liens that were unsecured because of property value were included within the unsecured debt for eligibility, and the fact that the liens were voluntarily granted did not distinguish the case from Scovis. Santos v. Dockery (in re Santos), ___ Fed.Appx. _____, 2013 WL 51877213 (9th Cir. Sept. 17, 2013).

Best . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

KIMBALL

Motions to Extend or Impose the Automatic Stay

October 8, 2023
“In most cases, debtor’s counsel addresses only the argument that the debtor’s personal or financial affairs have substantially changed since dismissal of the preceding case.”
View Article
Members

Navigating Secured Creditors Who File Unsecured Chapter 13 Claims

October 31, 2021
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...
View Article
Members

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
View Article
Members

IRS Warns of Impersonation Email Scam; Reminds Taxpayers IRS Does Not Send Unsolicited Emails

August 25, 2019
On 8/22/19 the IRSe and its Security Summit partners warned taxpayers and tax professionals about a new IRS impersonation scam campaign spreading nationally on email. Remember: the IRS does not send unsolicited emails and never emails taxpayers about the status of refunds. The IRS detected this new scam as taxpayers began notifying [email protected] about unsolicited emails from IRS imposters. The...
View Article
Judge Corbit

The Collector

January 14, 2024
Bankruptcy Judge (E.D. Washington) serves up classics with wooden tennis racket collection.
View Article

Chapter 13 Discharge Expanded by COVID Relief Legislation

January 3, 2021
By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) Chapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated Appropriations Act of 2021, signed December 27, 2020 by the president. Debtors may get a full -compliance discharge of dischargeable debts if they have a residential mortgage and have not made all the payments required...
View Article
Members
Scott Waterman

Discharging Student Loans Under §523(a)(8)? Don’t Consolidate After Filing!

November 12, 2023
If you intend to seek to discharge student loans under §523(a)(8), do not consolidate the loans after the case is filed. Prebankruptcy planning is most important if one wishes to discharge student loans. A recent Texas Chapter 7 case highlights the pitfalls if one does not act accordingly. Debtors obtained 27 separate student loans prior to when they filed their...
View Article
Members

Chapter 13 Trustee Duties, Powers, And Limitations – Part 3

October 18, 2020
By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Can the trustee challenge the debtor’s attorney’s fee? In re Rodriguez Perez, 2018 WL 3655656 (Bankr. D.P.R. 2018). In this case, the chapter 13 trustee asked the bankruptcy court to assess the contract between the debtor and counsel under § 526-528. The trustee alleged that the contract...
View Article
Members

Escrow 102 – Part 2 of 4

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
View Article
Members
ahern_larry_regular

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 10 Once Again: The Supreme Court Hands Down a Procedure Rule in Dupree v. Younger

June 11, 2023
Introduction This series reviews developments in bankruptcy procedure during the past year. 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.
View Article
Members

The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.

Academy

Members

Website

Legal

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

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:

Attorney
Trustee
Non-Profit
Government