Vesting and Property of the Estate

By Karin M. Bruce, Attorney Representing Chapter 13 Trustee Jan P. Johnson (Sacramento, CA)

Pursuant to 11 U.S.C. §1327(b), confirmation of a plan vests all of the property of the estate in the debtor unless the plan or the order confirming plan states otherwise. Most jurisdictions use a model chapter 13 plan which includes a provision allowing the debtor to have property of the estate revest in the debtor at confirmation of the chapter 13 plan. The proposed national form plan also includes such a provision. Although the form merely provides a simple “check the . . .

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How to Pay for Bankruptcy When You’re Flat Broke

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By Cathy Moran, Esq. (Redwood City, CA) One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file. The costs of bankruptcy include the filing fee collected by the court; the required credit counseling; and, if you’re smart, an experienced...

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For many of the consumer debtors my firm represents, the primary purpose of filing bankruptcy is to save their home or other real estate from being foreclosed upon by their mortgage servicer. We help those debtors file and comply with chapter 13 plans that propose to resolve their defaulted mortgages in a variety of ways, which might include curing pre-petition...

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Delinquent Utilities and Disconnection Under New Bankruptcy Provision

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By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27,2020. Individual debtors cannot have their utilities disconnected as long as they make some payment for service provided promptly after the commencement of...

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) When a case converts from Chapter 13 to Chapter 7 prior to the confirmation of a plan, the Chapter 13 Trustee is not permitted to divert funds from the debtor to the debtor’s attorney. In re Lettie, 597 B.R. 637 (Bankr. E.D Wis. 2019)...

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Avoidance Powers In Chapter 13 – Part 3 of 6

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By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 2 of 6 Click here for Part 4 of 6 Click here for Part 5 of 6

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Henry E. Hildebrand, III

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A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits imposed by 11 U.S.C. § 109(e). Although debt limits have been increasing since the effective date of the Code in 1979, consumer debts have been increasing at a far more rapid rate. Starting in 2009, when the housing crisis first...

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From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

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Two things taxpayers can do to protect themselves from identity theft is to use strong passwords and keep those passwords secure. While many people use fingerprint or facial recognition technology to protect their devices, sometimes it’s still necessary to use a password. In recent years, cybersecurity experts’ recommendations on what constitutes a strong password has changed. With that in mind,...

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Escrow 102 – Part 3 of 4

October 10, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Official Form 410A1 On December 1, 2015, Official Form 410A (herein, “Form 410A” or “the Form”) became effective. This attachment to the proof of claim is only required if the loan is secured by the debtor’s principal residence. In addition to a breakdown of the arrears to be...

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