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 §...

By The Honorable William Houston Brown (Retired) Chapter 13 debtor had no authority under § 544. Discussing the split of authority, the Court adopted the majority view that the Code gives § 544 avoidance authority exclusively to the trustee, and the Chapter 13 debtor could not use that power to avoid a mortgage lien. In re Dobbs, _________B.R._________, 2019 WL...

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 Click here for Part 2

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) The Covid-19 pandemic postponed the 2020 Masters Golf Tournament, originally scheduled for early spring. It was eventually held November 12th through 15th. The winner was Dustin Johnson. Additionally, the 2020 Wimbledon Tennis Tournament was cancelled for the first time since 1945 (due to World War II). For the...

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...

Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX A 11 U.S.C. § 1328 Discharge (Text added by CAA, effective: December 27, 2020 and subject to one-year sunset, appears in italics.) (Mandatory and precatory directions to the court, critical to the statutory analysis in In re Ritter, appears in bold.) (a) Subject to subsection (d), as soon as practicable after completion...

Consumer law attorney, mentor and educator, Oliver Max Gardner III recently announced that he is retiring. His passion, diligent research and unmatched expertise has served as a north star in consumer law for so many of us. From building a community of like-minded enthusiasts through the renowned Bankruptcy Boot Camp and cultivating an army of consumer litigators to fiercely defending...

(To be sung to the tune of Julie Andrews’ version of “These Are a Few of My Favorite Things” from The Sound of Music) Raindrops on roses, and whiskers on kittens, Bright copper kettles and warm woolen mittens– Hey, wait a minute, that’s not what I mean; It’s time that we focus on Chapter Thirteen. We’ve been Trustees for so...

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be . . . It looks like you are not signed in or registered! This content is only available to members. Join...

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia Since January 2019 alone there have been about 250 student loan discharge cases decided in the federal courts.1 One site reports that student loan debt in the United States totals $1.73 trillion, across 43.2 million borrowers, and the debt is growing6...