A. Introduction When should we regard dismissal or conversion of a chapter 13 as an unsuccessful bankruptcy? The arguments are familiar.Chapter 13 is the easiest, quickest, and cheapest way to stop foreclosures, repossessions, and garnishments by creditors.Desperate debtors can file a chapter 13 case without schedules, statements, or a plan and buy themselves a stay for a short period. And...
From the Editor – Standing
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By The Honorable William Houston Brown (Retired)
Debtor’s lacked standing to avoid prepetition foreclosure. Addressing the split of authority on whether Chapter 13 debtors have standing to bring claims under §§ 544(b), 547(b) and 548 without a trustee, the court adopted the majority position that “Chapter 13 debtors do not have independent standing to bring avoidance claims under Chapter 5 that the Bankruptcy Code expressly reserves for the trustee.” Chapter 11 and 12 debtors are given some of the trustee’s Chapter 5 avoidance powers, but Congress did not give that power to Chapter . . .
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