When Things Don’t Go According to the Plan

The ACP: Applicable or Immutable?
By Mark C. Leffler1
click here for part 2, click here for part 3
As the saying goes, the one constant is change. Certainly, that is true in a Chapter 13 practice. An integral, everyday part of life for debtors’ attorneys and trustees alike is plan modification by debtors whose financial circumstances have changed. In re Runnels, 530 B.R. 626 (Bankr.W.D.N.C. 2015), presents a fairly normal circumstance . . .

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Critical Case Comment – 10th Circuit Says No Default Cures After Month 60

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Chapter 13 debtor cannot submit missed payments to the trustee after the 60-month term of the plan has ended in an effort to cure defaults in the plan. (Bacharach) Kinney v. HSBC Bank USA, N.A., 5 F.4th 1136 (10th Cir. July 23, 2021) Case Summary Margaret Kinney filed a...

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Serendipity, a Tribute to Judge Jack B. Schmetterer

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By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL) (Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.) Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to...

Meet a Newish Trustee

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From the Editor

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Did Congress Mean What It Said in Section 1328(i)?

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By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA) The bankruptcy court in In re Ritter, 2021 WL 864092 (Bkrtcy C.D. Cal, 2021)(J. Tighe),denied debtors’ motion for an immediate discharge under Section 1328(i) ruling that Congress apparently did not intend that a chapter 13 debtor who obtains a loan modification should also receive a discharge, on that basis alone at...

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Chapter 13 Trustees Prosecutorial Discretion

The NACTT Emeritus Trustees

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From the Editor – Fair Debt Collection Practices Act

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The Hanging Paragraph – Hanging on Every Word Part 1 of 4

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By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo I. Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) Section 1325(a) sets forth the requirements for a court to confirm a chapter 13 bankruptcy plan. In respect to each secured claim provided for in a plan, 11 U.S.C. §1325(a)(5) provides the following three...

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From the Editor – Confirmation

March 8, 2020

By The Honorable William Houston Brown (Retired) Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder,...

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