From the Editor’s Desk – Conversion and Dismissal • NACTT Academy

From the Editor’s Desk – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)

Failure to timely commence plan payments was cause for dismissal. Pro se debtor’s failure to commence plan payments within 30 days from the order for relief, as required by § 1326(a)(1), was itself cause for dismissal under § 1307(c)(4). The debtor had been given an opportunity at a hearing to provide an excuse, but none was given. The debtor also failed to attend the § 341 meeting of creditors. Witkowski v. Boyajian (In re Witkowski), ___ B.R. ___, 2014 WL 5933979 (BAP 1st Cir . . .

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How to Build and Strengthen Your Chapter 13 Debtor Practice

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In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice. The following are some recommendations and ideas from the Emeritus Trustee Committee:

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Chapter 13 in the Bankruptcy Code (1978 as amended) marks the first time that virtually all secured debts can be somewhat altered in a bankruptcy without getting the specific agreement of security holders. Real benefit is provided to the debtors who have personal property with secured loans due. Concepts including the automatic stay preventing enforcement or perfection of a security...

Members

Critical Case Comment – You Gotta Fix Your Own Screwups, on Your Own Dime

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Debtor’s counsel should not be compensated for work undertaken on behalf of a debtor in order to correct errors.

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From the Editor

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By The Honorable William Houston Brown (Retired) Three-month delay in completing bare-bones petition. When the Chapter 13 debtor filed a skeletal petition, her motion for more time to complete schedules, statement and plan was denied, with no cause found for extending time after three-month delay, and show cause hearing was set to determine if case should be dismissed with 180-day...

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