From the Editor’s Desk – Postconfirmation Modification

By The Honorable William Houston Brown (Retired)

Decline in value did not permit modification and stripping of junior lien. When equity existed at confirmation to partially support second mortgage, alleged decline in value after confirmation did not permit modification to strip lien; effect of confirmation protected mortgage. If there were cause to reconsider the claim under § 502(j), that would not permit reclassification of the claim that was partially secured and protected from modification at confirmation. Warren v. PNC Bank, Inc. (In re Warren), 499 B.R. 914 (Bankr. S.D. Ga. 2013).

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

samantharuben
May 14, 2023
(Reprinted with permission.  Bankruptcy Court Liaison Committee Newsletter – Spring 2023 (Northern District of Illinois)) During her tenure as a bankruptcy judge for nearly 24 years, Judge Carol A. Doyle has presided over countless chapter 7, 11, and 13 cases, leaving a lasting impact on the Chicago bankruptcy landscape.  She has been a dedicated and respected member of the bankruptcy...
William-1_print_2019
Eighth Circuit, like the Ninth, has ruled that when Chapter 13 cases are converted to Chapter 7, any increase in a debtor's home value beyond exemptions and liens becomes part of the Chapter 7 estate. See also: Critical Case Comment – Post-Petition/Pre-Conversion Equity
Members
December 22, 2019
By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education On December 18, 2019, the Supreme Court granted the City of Chicago’s petition for certiorari, 2019 WL 6880702, from the decision of the Seventh Circuit at 926 F.3d 916 (7th Cir. June 19, 2019). The Seventh Circuit’s decision was analyzed in a prior article on this website. In its decision,...
Members
September 19, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) In order for a bankruptcy court to impose sanctions for contempt, Taggart compelsa finding of a violation of a clear and unambiguous order; the bankruptcy court lacks inherent power to issue punitive sanctions under Rule 3002.1. (Jacobs) PHH Mortgage Corporation v. Sensenich, 6 F.4th 503 (2nd Cir. August 2,...
Members
February 23, 2020
By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) There are two legal battles going on that may end up being dysfunctionally related…. 1. What Happens If The Automatic Stay Is Not Extended In A “Second Case Pending Within One Year”? A split of authority has been percolating since 2005, involving the all too...
Members
December 20, 2020
By Robert S. Thomas, II,1 Chapter 13 Standing Trustee for the District of Maryland (Baltimore) All stakeholders strive to make the Chapter 13 program efficient and beneficial to all parties. The Chapter 13 program has evolved over the years to better serve debtors and creditors. This is due in part because of the remarkable actions taken daily by our Bankruptcy...
April 28, 2019
By William Houston Brown, Co-chair of the Commission and Adviser to the Academy for Consumer Bankruptcy Education The Report of the Commission on Consumer Bankruptcy for improvements to the consumer bankruptcy system was made public on April 11, 2019. The full report is available free by download from the American Bankruptcy Institute’s website, www.abi.org. The following Foreward to the Report...
Members
July 12, 2020
By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Trustee (Memphis, TN) and Katherine L. Rea, Staff Attorney to Pamela Simmons-Beasley, Chapter 13 Trustee (Columbia, SC) Is there ever a reason to oppose a voluntary dismissal of a chapter 13 that has not been converted from a chapter 7? Maybe. But will you be successful? Probably...
Members
September 13, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART III – DELAYED PERFECTION OF SECURITY INTERESTS Introduction Current circumstances (a pandemic and dire economic conditions) portend an onslaught of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space,...
Members
NBR cropped 2
April 14, 2024
Ms. Ps & Qs on ‘Wet Signatures’ – Yep, they are important and nope, you can’t blame others for your mistakes.
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: