Outline and Forms of Chapter 13 Practice and Procedures

(Originally prepared for NACBA Member’s Only Fall Workshop October 2013)
By Charles Maglieri

Chapter 13: Vehicle and Mortgage Complications
1. Motor vehicle Challenges: 910 Car Claims and Other Thorny Issues

No Author Biography has been linked to this Article.

Escrow 101 – Part 3 of 3

September 19, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Frequently Asked Questions 1) Is a servicer required to have a borrower maintain a reserve or cushion? NO. See Regulation X Section (c)(1)(ii).1 A lender or servicer (hereafter servicer) shall not require a borrower to deposit into any escrow account, created in connection with a federally related mortgage...

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Appointment of Deb Miller

The Academy

April 2, 2023

It is our distinct honor to inform you that Acting U.S. Trustee Paul Randolph has selected Debra L. Miller as the next Standing Chapter 13 Trustee for the Eastern District of Tennessee (Northern and Northeastern Divisions). Ms. Miller has served as a Standing Chapter 13 Trustee in the Northern District of Indiana since 2000. Her wealth of experience will allow...

Looking Beyond Taggart: Is the Contempt Standard for a Stay Violation the Same as for a Discharge Injunction Violation?

May 5, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Background Last year, the Ninth Circuit in In re Taggart1 ruled that an act in violation of the discharge injunction did not empower a court to find a creditor in contempt, if the creditor believed in good faith that the discharge injunction did not apply—even if the creditor's belief was...

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Passing of a Legend

June 13, 2021

By Kara L. West, CPA, Chapter 12/13 Standing Trustee for the Eastern District of Tennessee (Chattanooga); Successor Trustee to C. Kenneth Still C. Kenneth Still was a legend. “Always with Barbara at this side, he epitomized qualities I think we all seek—honesty, diligence, kindness, and patience. He was a great mentor and a quick wit, and I miss him already....

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 2 of 3

November 15, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 II. Dealing With Balloon, Short Term and Related Mortgage Secured Claims Under §§ 1322(c)(2) And 1325(a)(5). § 1322(c)(2) provides that: “Notwithstanding subsection (b)(2) and applicable nonbankruptcy law . . . It looks like you are not signed in or registered! This content is only available to...

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Chapter 13 Practice in the Time of COVID-19

March 22, 2020

By Alex Schmidt, Law Clerk to the Honorable John P. Gustafson., Northern District of Ohio at Toledo As the United States begins the process of coming to grips with COVID-19, those who work in the consumer bankruptcy world are going to have to roll with the punches thrown by a global pandemic that is already creating financial chaos throughout the...

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Critical Case Comment

January 19, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner v. N.Y. State Higher Education Servs. Corp. rather than satisfying the judicial gloss added by subsequent decisions. Rosenberg v. N.Y. State Higher Education Servs. Corp., 2020 WL 130302...

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Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 1 of 3

November 8, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Some Basics about Secured Claim Treatment in Chapter 13 What is a Secured Claim under § 506(a)? Secured by a lien on property of the debtor’s bankruptcy estate. Some value in the property to which the lien may attach. Must be secured by property that is property of the debtor’s bankruptcy...

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From the Editor – Curing Default

October 27, 2019

By The Honorable William Houston Brown (Retired) Debtor could cure default beyond 60 months. Agreeing with In re Klaas, 858 F.3d 820 (3d Cir. 2017), bankruptcy court had discretion to permit debtors to cure plan default, allowing a reasonable grace period beyond the 60 months of confirmed plan. Dismissal of the case for plan default was not required under §...

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U.S. Trustee Fee Unconstitutional

The Honorable William Houston Brown

June 12, 2022

On June 6, the Supreme Court’s unanimous opinion in Siegel v. Fitzgerald1 held that the increase in U.S. Trustee fees in Chapter 11 cases violated the uniformity requirement of the Constitution’s Bankruptcy Clause,2 because the fee increase in 2017 only applied to in the U.S. Trustee districts and didn’t apply to the Bankruptcy Administrator districts in Alabama and North Carolina....