Chapter 13: Getting to Completion

By Robin R. Randolph*

I. Introduction

Chapter 13 bankruptcy seems to have received more attention for its failures than for its successes.1 Critics have characterized it as an outright failure,2 a pretend solution,3 and a system of rough justice.4 Scholars have called for its repeal.5 Bankruptcy attorneys have paired it with failure in their blogs.6 According to the audited annual reports of . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

April 21, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part I Statutory Suggestions When the Commission asked participants to identify the most important issue in consumer bankruptcy, all three committees were told the same thing: the role of bankruptcy in the field of student loans. All three committees looked at the issue and proposed...
Members
September 29, 2019
By Katherine B. Brewer, Esq. (Westerville, OH) One of the first things we focus on in law school (other than the Rule Against Perpetuities, which always brings back fond memories), is that our clients come first. We learn the complexities of the law, memorize rule statements, and read thousands of pages of case law in order to learn how best...
Members
AAA_4864
February 6, 2022
(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference) III. Contrasting the Majority and Minority Interpretations The majority and minority approaches differ as to (1) the interpretation of the use of "collect" in § 586(e); (2) the operative effect of parallel provisions in chapters 11 and 12 on the interpretation of §...
Members
December 13, 2020
By Hon. William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education and Margaret A. Burks, Chapter 13 Trustee (Cincinnati, OH) Senator Elizabeth Warren (D. Mass.) and House Judiciary Committee Chairman Jerrold Nadler (D. N.Y.) have introduced the Consumer Bankruptcy Reform Act of 2020. Introduction of the Act is only the beginning of the legislative process, and no action toward enactment...
William-1_print_2019
Recent case authority has not been favorable for consumer debtor attorneys seeking approval of bifurcated fees in Chapter 7 cases.
Members
Copy of Hildebrand-2016
February 5, 2023
Mortgagee’s failure to disclose payment changes resulting from escrow adjustments and interest rate modifications compels the Court to order mortgagee to credit all undisclosed increases and subject it to sanctions, including attorney’s fees. (Somers) In re Kinderknecht, 2023 WL 320984 (Bankr. D. Kan. January 19, 2023) Case Summary Kyle and Chasity Kinderknecht filed a Chapter 13 petition in December of...
Members
August 30, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART II – BASICS OF PERFECTION OF SECURITY INTERESTS Introduction Current circumstances, with a pandemic and a recession, portend a wave of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in UCC Article 9. In this space, we have previously looked...
Members
joseph 12-2024
May 10, 2026
“Bankruptcy courts face a persistent challenge: granting relief to the honest but unfortunate debtor while curbing repeated abuse by others.”
Members
Copy of Hildebrand-2016
February 22, 2026
A Chapter 13 trustee has an obligation to return all funds on hand (after deducting for delinquent adequate protection or administration claims) to the debtor if their plan is not confirmed; the Code requirement trumps a state law garnishment issued against the trustee.
Members
rapoport26
October 5, 2025
Is “I don’t do litigation” an appropriate answer for a debtor-side attorney to ignore a stay violation?
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: