Fee Only Chapter 13 Plans Get a Boost in Kansas

By Karin N. Amyx, Staff Attorney to Chapter 13 Standing Trustee Laurie B. Williams (Wichita, KS)

“Fee only” Chapter 13 Plans and whether they can be denied for lack of good faith is a topic of much discussion in recent years.1 Whether lack of good faith is present depends on the circumstances, but the majority of courts have found fee only plans do not meet the requirements of 11 U.S.C. § 1325(a)(3) and/or (a)(7).2 That is, except in Kansas.

Fee only Chapter 13 . . .

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“Jan Hamilton” – Need We Say More?

Teresa L. Arnold

September 25, 2022

Just prior to a confirmation docket in September of 2006, a local creditor attorney asked me if I would be interested in coming to work at his firm. The chapter 13 trustee was in the room and could not help but overhear. After the docket that trustee asked me if I was looking for a job. I wasn’t . ....

Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

February 10, 2019

By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division) Courts around the country are split on whether property acquired post-chapter 13 confirmation remains property of the estate or vests in the debtor for all purposes absent contrary language in the plan or confirmation order under 11 U.S.C. § 1327(b).1...

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For Shame

The Academy

June 25, 2023

Litigation Practice Group Lawsuits: 4 Cases to Know (This is the only free article we could find on Litigation Practice Group a/k/a Phoenix Law and disbarred Tony Diab. He has been disbarred from both Nevada and California.)

Impact of the Repeal of Cares Act Chapter 13 Plan Modifications: Is It a Death Knell for Cases Beyond 60 Months?

Michael B. Joseph

January 8, 2023

Under the CARES Act 11 USC § 1329 was amended to include a temporary provision that permitted confirmed chapter 13 plans to extend the plan term to up to 84 months. To do so, debtors were required to show they were affected by COVID, § 1329(d).i The maximum term under 11 USC §1329(c) has always been 60 months. Under the...

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Director’s Awards Recognize 19 Employees for Leadership, Service

The Academy

December 10, 2023

Congratulations to all but specifically the two bankruptcy courts with recognized recipients!

Some Federal Protections are Stronger Than Others – Sovereign Immunity, Criminal Restitution, and the Automatic Stay

Jeffrey S. Fraser

August 13, 2023

In this brief synopsis, Fraser compares Lac du Flambeauto a case from the Middle District Court of North Carolina and its connection to the automatic stay.

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Unconfirmed Thus Unconstrained

M. Jonathan Hayes

September 1, 2024

Should the court dismiss a lawsuit by homeowners against their bank where they did not disclose the claims in their chapter 13 petition?

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Possible Solution for Student Loans?

August 16, 2020

By Laila S. Gonzalez, Esq. One thing everyone can agree on is that student loan debt is increasing on an annual basis. Studies have shown than people with high student loan debt wait years longer to buy a home and start a family. Several suggestions have been made as to how to resolve the problem. One suggestion is to eliminate...

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From the Editor

March 24, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Direct mortgage payments unpaid by debtor were not “provided for” in plan. The confirmed plan stated that the debtor would directly pay two home mortgages to the credit union, but there was no specification of payment terms or other treatment of those mortgages. At the time of confirmation, the...

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Sua Sponte Sanctions Held to Higher Standard

Cathy Moran

January 14, 2024

9th Cir. BAP erected high bar for sanctions. And, interestingly, at the heart of the BAP’s decision was the very fact that BAP decisions are not binding.

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