Under 1329 the ‘Disposable Income Test’ Applies In A Post-Confirmation Plan Modification

Under 1329 the ‘Disposable Income Test’ Applies In A Post-Confirmation Plan Modification – Doesn’t It?

By Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina

Recently, I had a spirited conversation with a reputable debtors’ attorney regarding the application of 11 U.S.C. § 1325(b) to a post-confirmation plan modification under 11 U.S.C. § 1329. Now, I know this topic is old news for most of you, and that courts have been considering this issue since before I got my law license, but please stay with me.

I received a proposed modification and emailed the debtors’ attorney to request some supporting documentation – namely, an . . .

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Saldana v. Bronitsky – Point of View

Cathy Moran

December 1, 2024

Stay tuned as next week we will bring you the Counter-Point to Moran’s POV.

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District of New Jersey

The Academy

December 15, 2024

Appointment of Mark E. Hall as Bankruptcy Judge Click here for background

Reflections from Boston

Dynele Schinker-Kuharich

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“Attending the NACTT Annual Seminar provided the opportunity to catch up with Chapter 13 colleagues from around the country who are quickly becoming good friends; and to build relationships with colleagues who have recently joined our niche’ of the bankruptcy field.”

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M. Jonathan Hayes

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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.”

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While Chapter 7 Filings Continue to Decline, Chapter 13 Filings are Trending Slightly Upward

Kevin R. Anderson

April 24, 2022

Recent headlines noted that March 2022 saw a 33.5% increase in bankruptcy filings over February. This could suggest the coming swell in bankruptcy cases anticipated since the start of the COVID pandemic. However, bankruptcy professionals recognize that consumer filings always spike in March (see chart). This phenomenon is usually attributed to the tendency to avoid filing in January and February...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 5 – Supreme Court Activity

Lawrence R. Ahern, III

February 5, 2023

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

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From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 debtors not required to seek approval to employ special counsel. The Chapter 13 debtors moved to employ special counsel for representation in state-court litigation, but § 327(e) did not apply to Chapter 13 debtors when no request was being made to pay the special counsel from...

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Ask Ms. Ps & Qs

Nancy B. Rapoport

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From February, Prof. Rapoport looks at the question: What should happen when the Rule 2016 statement on compensation conflicts with the SOFA #16?

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Trustees’ Pet Peeves

October 11, 2020

By Mary Viegelahn, Chapter 13 Trustee San Antonio, Texas Although Trustee Viegelahn first produced this list for an ethics panel in 2019, it is a timely heads-up now. This list was gathered from Trustees across the country. Providing ECF credentials to an outside “firm” to allow them to file a bankruptcy for a debtor the attorney has never met or...

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Notice of Error Regarding Misinformation Given During Phone Call to Mortgage Servicer

The Academy

January 16, 2022

There is no special language/verbiage. Keep is simple. Stick to one issue per NOE. Pertinent loan/debtor information – “name, rank, and serial number” Called bank twice. Tried to get borrower reviewed for FHA Recovery Mod. Both times I was essentially told that the loan was “too many months delinquent” to be reviewed for FHA Recovery Mod. I was also told...