Exemptions and Other Pitfalls – Part 6 of 6

By Pam Bassel, Standing Chapter 13 Trustee and Heena Hirani, Staff Attorney, North Richland Hills, TX

(Produced and first published for the State Bar of Texas 31st Annual Advanced Consumer Bankruptcy Course February 4-5, 2016)

From the Perspective of a Chapter 7 and a Chapter 13 Trustee1

PAYMENTS UNDER THE CHAPTER 13 PLAN

In the typical Chapter 13 bankruptcy proceeding, the Debtor proposes a Plan to reorganize the secured or priority debt on which he/she is delinquent while making the on-going payments . . .

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Critical Case Comment – Although a Mess, Month-to-Month Lease Assumed

Henry E. Hildebrand, III

June 4, 2023

A month-to-month residential lease can be assumed and defaults cured in a Chapter 13 plan. (Rucker) In re Mattoon, 2022 WL 2080184 (Bankr. E.D. Tenn. June 9, 2022) Case Summary Sarah Mattoon executed a lease with Open Doors in September of 2019. Several of Ms. Mattoon’s family members lived with her in the rented apartment including her “companion” and her...

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Chapter 13 Trustees Prosecutorial Discretion

The NACTT Emeritus Trustees

July 30, 2023

While administering cases, Chapter 13 Trustees should carefully exercise their prosecutorial discretion. Trustee discretion is a powerful tool. It should be used wisely and consistently. Trustees should have office policies in place fort heir attorneys and office staff. What matters involve discretion? The UST Chapter 13 Handbook describes some: We asked the NACTT Emeritus Trustees for their thoughts and examples...

National Guard and Reservists Debt Relief Extension Act of 2023

The Academy

December 31, 2023

The National Guard and Reservists Debt Relief Extension Act of 2023 (H.R. 3315) enacted on December 19, 2023 extends for an additional four years the existing exemption from the means test for qualifying reservists and National Guard debtors who are called to active duty or to perform a homeland defense activity for not less than 90 days. See 11 U.S.C. § 707(b)(2)(D)(i). A debtor...

Fannie/Freddie Flex Modification Update

Roberto Rivera

September 22, 2024

We are pleased to provide a detailed guide to new guidelines for Flex Modifications effective both 11/1 and 12/1.

Listening as the First Principle of Civility

Scott C. Clarkson

December 7, 2025

“Listening, in this sense, is not passive reception. It is an act of intellectual humility, of openness to persuasion.”

Fixing Broke: Consumer Bankruptcy Diary Podcast

The Academy

March 23, 2025

The Academy 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 podcasts, search “Fixing Broke: Consumer Bankruptcy Diary.” And while there, leave a positive review!!

4 Reasons to Keep Time Records No One Discusses

Cathy Moran

July 17, 2022

Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. All too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don’t have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, they feel liberated from the clock and the...

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From the Editor – Classification

August 9, 2020

By The Honorable William Houston Brown (Retired) Separate classification and preferential treatment of student loan debt. The Chapter 13 trustee and debtors’ attorney attempted to change the traditional approach in the District, seeking approval of a permissible fair discrimination in favor of student loan debt in plans so long as the preferential treatment and discrimination was no more than 20%....

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A Confirmed Plan with a Marijuana Wrinkle

May 19, 2019

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina Although this is a chapter 11 case, it has chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters (§ 1129(a)(3) and § 1325(a)(3)). Garvin v. Cook...

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Post-Confirmation Modification Can Cut Commitment Period

Henry E. Hildebrand, III

September 21, 2025

Chapter 13 debtor may modify confirmed plan, both to reduce payments and shorten length of plan even though the debtor had above-median income at the time of confirmation but below median income, at the time of modification.

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Exemptions and Other Pitfalls – Part 6 of 6

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Related Articles

Critical Case Comment – Although a Mess, Month-to-Month Lease Assumed

Chapter 13 Trustees Prosecutorial Discretion

National Guard and Reservists Debt Relief Extension Act of 2023

Fannie/Freddie Flex Modification Update

Listening as the First Principle of Civility

Fixing Broke: Consumer Bankruptcy Diary Podcast

4 Reasons to Keep Time Records No One Discusses

From the Editor – Classification

A Confirmed Plan with a Marijuana Wrinkle

Post-Confirmation Modification Can Cut Commitment Period

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