From the Editor – Lien Stripping

By The Honorable William Houston Brown (Retired)

Sixth Circuit BAP allows lien stripping in Chapter 20. A debtor who was ineligible for discharge because of a prior Chapter 7 discharge within four years was not prevented from stripping a wholly unsecured junior mortgage in the plan. The confirmed plan contained a provision for “avoiding” that mortgage, but the bankruptcy court denied the debtor’s postconfirmation motion to avoid based on §§ 1325(a)(5) and 1328(f). The bankruptcy appellate panel reviewed the split of authority and followed the “growing consensus of courts” that inability to receive . . .

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.

Lisa L. Lambert Appointed as U.S. Trustee for the Northern and Eastern Districts of Texas

The Academy

December 1, 2024

Lisa L. Lambert has been appointed by Attorney General Merrick B. Garland as the U.S. Trustee for the Northern and Eastern Districts of Texas (Region 6). Lambert replaces Kevin M. Epstein, who filled the Region 6 role in an interim capacity and who continues to serve as the U.S. Trustee for the Southern and Western Districts of Texas (Region 7).

Turnover by Motion? How About Under Rule 6008?

February 28, 2021

By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion...

Members

Claim Preclusion and the Opportunities for Mischief

Cathy Moran

March 27, 2022

I’ve been having nightmares about the 9th Circuit’s decision in Siegel for 20 years. Broad strokes, Siegel (143 F.3d 525 (9th Cir. 1998) holds that a filed claim in a no asset bankruptcy case to which no one objects is entitled to preclusive effect in subsequent litigation by . . . It looks like you are not signed in or...

Members

In the Greatest Hits Department . . .

The Academy

May 26, 2024

The Case of the Naked Client: In December of 2023 Cathy Moran brought readers this great exhortation to debtor attorneys to be very careful when completing a petition. What ISN’T there may be as important as what is there!

Members

Do You Really Own It?

The Academy

August 2, 2026

Failure to hold the debt before filing proof of claim may lead to disallowance of claim.

Members

Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

Michael B. Joseph

September 1, 2024

This article is a FREE resource for attorneys representing consumers in bankruptcy. Print it, mail it, or forward the link, carrier pigeon, whatever it take - get it into the hands of the personal injury attorneys in your area. You will educate them on their responsibilities AND create a referral avenue for yourself! You’re welcome!!

Property of the Estate or Appeal Rights for Sale?

M. Jonathan Hayes

January 19, 2025

Atty Hayes takes a look at a very interesting aspect of law we probably don’t think about on a regular basis. Are appeals for sale? “. . . maybe the answer is that the right to appeal is always property of the estate and may be sold to the opposing party.”

Members

The Periphery of Bankruptcy Law: The Importance of Non-Bankruptcy Issues in Consumer Bankruptcy – A Study

Edward C. Boltz

February 23, 2025

This study by Professor Pamela Foohey defends the integration of consumer protection laws into bankruptcy courts but with at least one missing piece . . .

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!!

Members

It’s Not the Trustee… It’s the Code – CORRECTION

Ana V. De Villiers

November 23, 2025

This is a very popular item from last week. HOWEVER, we accidentally reported a typo in the very last section. The correct Code Section is 521 (not 330). This has now been corrected on the website. If you printed this article for future reference, please re-print or make this correction.

Members

From the Editor – Lien Stripping

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Lisa L. Lambert Appointed as U.S. Trustee for the Northern and Eastern Districts of Texas

Turnover by Motion? How About Under Rule 6008?

Claim Preclusion and the Opportunities for Mischief

In the Greatest Hits Department . . .

Do You Really Own It?

Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

Property of the Estate or Appeal Rights for Sale?

The Periphery of Bankruptcy Law: The Importance of Non-Bankruptcy Issues in Consumer Bankruptcy – A Study

Escrow 101 and 102

It’s Not the Trustee… It’s the Code – CORRECTION

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: