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moran_cathy
November 19, 2023
On Thanksgiving, I’m mindful of how precious the American approach to insolvency is.
January 26, 2020
By Cathy Moran, Esq. (Redwood City, CA) Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over. Does appreciation occurring after filing go to creditors on the theory that the appreciation is property of the estate? Or does the vesting of property at confirmation entitle the debtor...
Members
March 29, 2020
BULLETIN SMALL BUSINESS REORGANIZATION ACT POSTSCRIPT CARES Act Passed by Senate Increases Eligibility to Small Business Debtors with Aggregate Debts Up to $7,500,000 And Other Changes Early last Thursday morning, the Senate passed a substitute for H.R. 748, called the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”). The bill passed the House on Friday, and the President...
Copy of Hildebrand-2016
March 12, 2023
When a mortgage servicer objects to the plan based on its failure to pay mortgage arrears in equal monthly payments, § 1325(a)(5)(B) requires the debtor to amend to pay the arrears in equal monthly payments. (Hanan) In re Randell, 638 B.R. 104 (Bankr. E.D. Wis. January 19, 2022) Case Summary Ms. Randell proposed a rather conventional Chapter 13 plan, seeking...
Members
September 12, 2021
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In re Taggart In 2019, the Supreme Court in In re Taggart1 ruled that the acts alleged in that case to be in violation of a discharge injunction did not empower the bankruptcy court to find the creditor in contempt. In so holding, the Court ostensibly attempted to strike...
Members
February 24, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment. (Duncan). No...
Members
Copy of Hildebrand-2016
August 27, 2023
A creditor having received relief from the automatic stay prior to confirmation of the debtor’s plan is nonetheless bound by the terms of the plan, once confirmed.
Members
January 10, 2021
By The Honorable William Houston Brown (Retired) This legislation includes several bankruptcy-related provisions, in addition to government funding and other COVID relief. Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under...
Members
January 20, 2019
By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 2 of 6 Click here for Part 3 of 6
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