Rule 3002.1: A Case Odyssey

By Mark C. Leffler,1 Boleman Law Firm (Richmond, VA)

Federal Rule of Bankruptcy Procedure 3002.1 was intended to address communication problems regarding mortgage companies and Chapter 13 debtors, and the rule furthers its goal of increased transparency in two ways. First, it allows mortgage companies to convey important information to debtors regarding account status without being sued for violating the automatic stay. Second, it aids in avoiding the unfortunate situation of a debtor being blindsided by mortgage company charges or allegations of default as soon as his case is closed.

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Critical Case Comment – What About a Zero Value Junior Lien?

Henry E. Hildebrand, III

November 5, 2023

Bankruptcy Court has authority to compel implementation of a confirmed Chapter 13 plan which, at its end required the release of a junior lien which had been given no value; attorney’s fees would be awarded to debtors’ counsel for pursuing the release.

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Plan Payments Current But Patience Exhausted

Henry E. Hildebrand, III

March 29, 2026

Pro se Chapter 13 debtor’s case would be dismissed with a bar on refiling even though debtor was current on her confirmed plan payments due to her abuse of the bankruptcy process, including litigious but pointless pleadings, and continuing effort to relitigate matters already decided by the court.

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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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Overruled: The Human Toll of Too Much Law – A Book Review

M. Jonathan Hayes

October 6, 2024

“What, he [Gorsuch] explains, jumped out at me is that not only are there too many laws and administrative rules, but there are too many laws and rules created by agencies -- by individuals not chosen by we the people, and often in the far-away land we call Washington.”

SCOTUS Rules Insurer Is Party in Interest, Reversing Fourth Circuit

The Academy

June 9, 2024

Reversing the Fourth Circuit, SCOTUS rules insurer is Party in Interest. Although an 11 there are possible implications in the context of Chapter 13.

IRS Issues Standard Mileage Rates For 2019

January 6, 2019

IRS issued the 2019 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on Jan. 1, 2019, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: 58 cents per mile driven for business use, up 3.5 cents from...

Happy Thanksgiving

November 19, 2023

As our ‘thank you’ to our loyal readers, we bring you a completely non-password protected issue! ENJOY.

Borrowing Time from Rule 4004

Cathy Moran

March 22, 2026

Some of Attorney Moran’s very best practice tips come right off the corner of her desk - that case which required extra creativity or, perhaps, extra time before discharge. But do debtors have any power over that timing?

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From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Dismissal with 180-day bar affirmed. The debtors had filed eight Chapter 13 cases over eight years, with each dismissed, and in 2019 the spouses filed three more cases. A mortgage creditor moved for relief from the automatic stay and dismissal in each of the cases. The cases were dismissed with a 180-day bar...

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Means Test Webinar

The Academy

October 12, 2025

Last week, we asked for your help in developing a Means Test webinar and you came through for us. Congratulations to the winner of the 6-month subscription: R. Michael Smith.

Rule 3002.1: A Case Odyssey

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Critical Case Comment – What About a Zero Value Junior Lien?

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