From the Editor - Rule 3002.1 • NACTT Academy

From the Editor – Rule 3002.1

By The Honorable William Houston Brown (Retired)

Condominium association subject to Rule 3002.1. The condominium association held a secured lien on the debtors’ principal residence and the plan provided for treatment of the claim under § 1322(b)(5), making the association subject to Bankruptcy Rule 3002.1’s requirement to give notice of postpetition changes in payments, fees, expenses or other charges. In re Felipe, 549 B.R. 252 (Bankr. D. Hawai’i 2016).

_______________________

The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge for the Western District . . .

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.

First Principles for First Meetings

October 11, 2020

By Cathy Moran, Esq. (Redwood City, CA) Once again, I sat in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners. She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication,...

Members

Some Basics You Always Wanted to Know About the FCRA But Were Too Embarrassed to Ask

October 20, 2019

By Herb Beskin, Chapter 13 Trustee and Edward M. Wayland, Esq. (Charlottesville, VA) Trustees are not privy to the struggles of Debtors as they emerge from Chapter 13 and work to re-establish (establish?) their credit worthiness. A crucial factor in this process is the Debtor’s credit report. In this article, we discuss the Fair Credit Reporting Act (“FCRA”), the rules...

Members

Critical Case Comment – Watch for Opportunities to Bifurcate Home Mortgage Claims

Henry E. Hildebrand, III

August 21, 2022

Where a Chapter 13 plan treats a claim as secured only by the debtor’s mobile home under § 506 and not real property, the effect of a notice of fees, costs and charges is irrelevant. (Coleman) In re White, 2022 WL 2826531 (Bankr. S.D. Ga. July 19, 2022) Case Summary Shalonda White filed a Chapter 13 petition in July of...

Members

Certiorai Denied in Evans and Doll

The Honorable William Houston Brown

February 25, 2024

Second Circuit case still pending.

Members

Engaging a Non-Profit to Solve the Chapter 13 Trustees PSLF Conundrum

March 8, 2020

By Ed Boltz, The Law Offices of John T. Orcutt, P.C. (Durham, NC) and Sarah Beth Withers, Inner Banks Legal Services (Washington, NC) DISCLAIMER: This article is not meant to provide specific advice about the formation of a 501(c)(3) non-profit corporation or the tax or other consequences of such. At most, this is intended to encourage Chapter 13 trustees and...

Members

Stop and Smell the . . . Well, Corn

August 4, 2019

By Jan Hamilton, Standing Chapter 13 Trustee (Topeka, KS) I just got back from RAGBRAI, which is a bicycle ride across Iowa. This year, it was 468 miles, with lots and lots of hills. (Biking Across Kansas was over 500 miles this year.) Such beautiful country. Estimates vary on actual number of riders, but anywhere from 16,000 to 20,000. Iowa...

No Answers?

Cathy Moran

September 17, 2023

What do you do when you don’t know the answer to a bankruptcy client’s questions? After all, you’re a bankruptcy lawyer.

Members

Critical Case Comment – Topping Off the Risk Factor

Henry E. Hildebrand, III

September 3, 2023

To pay present value to a secured creditor, a reorganization plan may start with a treasury rate and add a risk factor and need not start with a prime rate plus a risk factor.

Members

Surrender of Collateral in a Plan- What Is the Court to Do if the Debtor Doesn’t Follow Through?

June 2, 2019

By Tammy E. Stickley and Francis J. DiCesare, Staff Attorneys for Margaret A. Burks, Esq. Chapter 13 Standing Trustee (Cincinnati, OH) In a media age in which people expect to be told when “spoilers” are ahead, this summary needs no such warning. Courts have little patience for debtors who surrender collateral – especially real estate – then oppose the foreclosure...

Members

Reconversion to Chapter 13 – Betwixt and Between?

Michael B. Joseph

January 21, 2024

“Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”

Members