Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

What can we learn from the criminal indictments of some of the folks at Dewey & LeBeouf? So, so much:

All of us know that emails are discoverable under most circumstances, and yet, you’d be surprised by how many lawyers (and, yes, law professors) put the most damning things in emails. In the Dewey example, here are a few quotes from . . .

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Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two

September 22, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) I. The Plan1 A. Notions to Consider before the Plan is Filed… Time for Filing of the Plan. No later than 90 days after the filing of the case, the debtor is required to file a plan, unless the court extends the time if the “need is attributable to circumstances for...

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In re Lazaro: Non-Monetary Default and § 1322(b)(5)

James M. Davis

June 4, 2023

Can a debtor provide for a non-debtor’s loan under § 1322(b)(5) even if the plan does not address a non-monetary default on the claim? In re Lazaro suggests the answer may be “yes.” In that case, the Court held not only that the Debtor’s plan could provide to cure a monetary default on a loan taken out by the Debtor’s...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 5 – Supreme Court Activity

Lawrence R. Ahern, III

February 5, 2023

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

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Escrow 101 and 102

Michael J. McCormick, Esq.

August 13, 2023

In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is just as relevant today as when we first published it with one important update . . . When the next escrow analysis is performed and the servicer has received less than 12 payments of escrow (and often zero, as is often the case after the borrower received a forbearance during the COVID pandemic), the escrow balance will be far less than anticipated!!

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From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtor had absolute right to dismiss. Facing a contested confirmation hearing, the debtor moved to dismiss the case, and his estranged spouse objected. Concluding that § 1307(b) provides an absolute right to dismiss a case that had not been previously converted, the court posed questions about whether there should be limits...

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Put Me In Coach, I’m Ready To Play

Merideth Akers

August 14, 2022

You may recognize the title of this article as being the chorus line from the John Fogerty song entitled, “Centerfield.” The song is about a baseball player ready to enter the game. We are at the mid-point of the Major League Baseball season. Coaches will be instructing and motivating their teams in hopes of winning games and eventually winning the...

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Critical Case Comment– Reverse Mortgage May be Modified

Henry E. Hildebrand, III

May 22, 2022

A reverse mortgage, having fallen due as a result of the death of the borrower, is not protected from modification by the borrower’s heirs by virtue of § 1322(c)(2). (Halfenger) In re Sandoval, 2022 WL 982182 (Bankr. E.D. Wis. March 31, 2022) Case Summary Juan Sandoval filed Chapter 13 and proposed a plan which dealt with his principal asset, a...

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Post-Petition Equity in Chapter 13 – Who Gets The $$$

Thomas D. DeCarlo

October 2, 2022

So, what happens to post-petition appreciation of assets during a Chapter 13? Does the Debtor get to keep the money? Or does the Chapter 13 Trustee get it for the benefit of creditors? That was the question for the Court in In re Klein, 2022 WL 3902822 (Bankr. D. Colo. 2022). The question in Klein is a bit different than...

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Ask Ms. Ps & Qs

Nancy B. Rapoport

February 18, 2024

This month, Prof. Rapoport looks at the question: What should happen when the Rule 2016 statement on compensation conflicts with the SOFA #16?

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Find The Hidden Mortgage Interest Tax Deduction in Bankruptcy

Cathy Moran

October 8, 2023

“Do you have clients in an active Chapter 13 plan paying back mortgage payments that were delinquent when the case was filed?” October 16th is the deadline to file extended income tax returns.

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Related Articles

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two

In re Lazaro: Non-Monetary Default and § 1322(b)(5)

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 5 – Supreme Court Activity

Escrow 101 and 102

From the Editor – Dismissal

Put Me In Coach, I’m Ready To Play

Critical Case Comment– Reverse Mortgage May be Modified

Post-Petition Equity in Chapter 13 – Who Gets The $$$

Ask Ms. Ps & Qs

Find The Hidden Mortgage Interest Tax Deduction in Bankruptcy

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