Supreme Court to Review Whether Denial of a Chapter 13 Plan is a Final Order and Thus Appealable

By M. Jonathan Hayes, Certified Bankruptcy Specialist, Northridge, CA

This seems like a no-brainer to me. Bankruptcy courts, at least in the Central District of California, deny chapter 13 plans all day giving debtors a chance to sharpen their pencils. If every one of those could be appealed, the system would certainly go tilt. Plus, the appeals would often become moot when a new plan is confirmed assuming the bankruptcy court would not allow the case to sit during the pendency of the appeal. If the case is ultimately dismissed during the appeal, there would be new . . .

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How to Present an Effective Summary Judgment Motion

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From the Editor – Plan Modification

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Edward C. Boltz

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Phil Lamos – Humble Sage

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Bankruptcy Court found violation of automatic stay to be “technical”, thus no damages. Ninth Circuit BAP did not agree. Continuing to pursue state court fraudulent transfer action after transfer or filed for Chapter 7 relief violated the automatic stay; even if the violation of the stay is “technical”, damages, including attorneys’ fees and costs, should be assessed against the violator....

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Critical Case Comment – Creditor Not Required to Dismiss Prepetition Nonbankruptcy Action

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) The automatic stay does not require a creditor pursuing a prepetition nonbankruptcy court action to dismiss that action once a bankruptcy case is filed; requesting continuances and attending status conferences do not constitute “continuation” of the prepetition action for purposes of the automatic stay....

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Small Business Reorganization Act

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Rebecca Rogers Garcia

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Rebecca Rogers Garcia was a staff attorney for Mary B. Grossman, the Chapter 13 Trustee in Milwaukee from 2002 until November 2014. Prior to her employment with the Chapter 13 Trustee; she represented debtors in consumer cases. Ms. Garcia is on the board of the Bankruptcy, Insolvency and Creditors Rights Section of the State Bar of Wisconsin and a member...