Bankruptcy Weapons to Terminate a Zombie Mortgage – Part 4 of 6

By Professor Andrea Boyack and Judge Robert Berger

click here for part 1, click here for part 2, click here for part 3, click here for part 5, click here for part 6

IV. ATTEMPTS TO DISCLOSE, CONTROL, AND RESOLVE THE ZOMBIE MORTGAGE PROBLEM

A. Outside of Bankruptcy

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Senate Judiciary Committee Hearing on Student Loans and Act Introduced by Senators Durbin and Cornyn

August 8, 2021

by William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. The Senate Judiciary Committee held a hearing on August 3, 2021, on student loans, and during the Committee hearing, Senator Durbin, Chair of the Committee, stated that he would be introducing an Act to amend student loan discharge provisions in the Bankruptcy Code. That Act was subsequently introduced by...

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Household Size in the Projected Disposable Income Calculation

James M. Davis

February 22, 2026

We hope this is not the last we hear from Attorney Davis, but this article concludes our series on the means test. Watch for the webinar recording to post next week. Access is free to subscribers or $39.99 pay per view.

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Fixing Broke: Consumer Bankruptcy Diary

The Academy

March 16, 2025

The Academy has just dropped two new podcast episodes – Do Not Engage Parts 1 & 2. Host Jody Bledsoe interviews Trustee Ed Maney and Attorney Ross Mumme regarding the Cestui Que Vie of Arizona. Entertaining for everyone but particularly educational for trustees who may run into this particularly difficult type of debtor. Wherever you listen to podcast, search “Fixing Broke: Consumer Bankruptcy Diary.” While there, leave a positive review!!

Eastern District of Michigan

The Academy

July 21, 2024

Notice of Continued Recall Service of Judge Thomas J. Tucker

ABI Commission on Consumer Bankruptcy – Statement of Intention: Deadlines and Consequences

June 23, 2019

By Henry E. Hildebrand, III and Sloan Hastings Section 521(a)(7) requires a chapter 7 debtor to file a statement of intention for “debts secured by the property of the estate.” The debtor must choose to (1) reaffirm the debt, (2) surrender the collateral, or (3) redeem the collateral. Reaffirming the debt contractually binds the debtor to pay the debt even...

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A Day in the Life of a Chapter 13 Trustee

May 12, 2019

By Margaret A. Burks, Esq., Chapter 13 Trustee (Cincinnati, OH) I was recently asked to expound on a “Day in the Life of a Chapter 13 Trustee.” Then Regina (Logsdon, Executive Director of ConsiderChapter13.org) asked me to write an article for the Academy. I believe in fate so here goes. Please see ‘Effective Communication Guide.’ It came out about four...

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First Principles for First Meetings

October 11, 2020

By Cathy Moran, Esq. (Redwood City, CA) Once again, I sat in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners. She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication,...

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Is 1328(i) Ultimately Terrible for Debtors?

February 7, 2021

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL) The December 2020 Consolidated Appropriations Act, 2021, more commonly known as the second covid-19 stimulus bill, contains a few bankruptcy related provisions, but none stood out more with respect to Chapter 13 than the newly created § 1328(i). This provision provides that a court may grant a full 1328(a)...

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Critical Case Comment

January 19, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner v. N.Y. State Higher Education Servs. Corp. rather than satisfying the judicial gloss added by subsequent decisions. Rosenberg v. N.Y. State Higher Education Servs. Corp., 2020 WL 130302...

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7th Circuit Supports Attorneys’ Fees Paid from Disposable Income

The Academy

June 14, 2026

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Bankruptcy Weapons to Terminate a Zombie Mortgage – Part 4 of 6

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Related Articles

Senate Judiciary Committee Hearing on Student Loans and Act Introduced by Senators Durbin and Cornyn

Household Size in the Projected Disposable Income Calculation

Fixing Broke: Consumer Bankruptcy Diary

Eastern District of Michigan

ABI Commission on Consumer Bankruptcy – Statement of Intention: Deadlines and Consequences

A Day in the Life of a Chapter 13 Trustee

First Principles for First Meetings

Is 1328(i) Ultimately Terrible for Debtors?

Critical Case Comment

7th Circuit Supports Attorneys’ Fees Paid from Disposable Income

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