From the Editor’s Desk - Curing Mortgage Arrearage • NACTT Academy

From the Editor’s Desk – Curing Mortgage Arrearage

By The Honorable William Houston Brown (Retired)

Prepetition foreclosure prevented debtor’s cure of homeowners’ association delinquency. Although the automatic stay protected debtor’s possessory interest, a foreclosure by the condominium homeowners’ association had been completed three months prepetition. The plan proposed to cure the delinquency of the HOA assessments over sixty months, and the plan was confirmed. Under California law, the nonjudicial foreclosure by the homeowners’ association was subject to a statutory right of redemption within ninety days of the foreclosure, and the debtor did not redeem within that period. The confirmed plan proposed to . . .

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...

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By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members Both consumers and businesses often depend on motor vehicles for their livelihood or, for consumers, access to health care, child care, or other essential services. A creditor’s repossession of a motor vehicle can turn into an existential crisis...

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Henry E. Hildebrand, III

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Many have had the unpleasant experience of coping with an ill-mannered and disrespectful opposing counsel. Unnecessary motions are filed and unfounded allegations are asserted. Relief requested has no basis in fact or law. Temperatures rise. The volume of argument is loud. Your staff and you are upset. What to do?We asked the Emeritus Trustees and here are some recommendations: First,...

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By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia Since January 2019 alone there have been about 250 student loan discharge cases decided in the federal courts.1 One site reports that student loan debt in the United States totals $1.73 trillion, across 43.2 million borrowers, and the debt is growing6...

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Delaware Trustee Michael Joseph to Retire

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The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him. Michael Joseph has served as the Chapter 13 Trustee in Delaware since 1987. He is retiring March 31, 2022. He has served with competence and excellence. The debtors will miss him because he treated them with dignity and compassion. The creditors knew they...

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What Does the Bankruptcy Code Say About Interest and Unsecured Debts

Hale Andrew Antico

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“. . . the law is so clear that of course it's not allowed. However, some courts have twisted themselves into pretzels to create a creditor right to postpetition unmatured interest.” The article explores this not so simple issue by examining relevant sections of the Bankruptcy Code and case law from various circuit courts.

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From the Editor – Lien Modification

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By The Honorable William Houston Brown (Retired) Junior mortgage lienholder not affected by modifications of senior mortgage. Under Pennsylvania law, the prepetition modification of terms of the senior mortgage had recapitalized interest and costs already owed but had not created new liabilities. As a result, the junior mortgage holder was not materially prejudiced. The Chapter 13 debtors could avoid the...

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FREE RESOURCE

The Honorable William Houston Brown

June 15, 2025

The Federal Judicial Center has published, online, Judge William H. Brown’s second edition of an overview of Chapter 7 and 13 bankruptcy - Consumer Bankruptcy Law: Chapters 7 & 13, Second Edition