When Things Don’t Go According to the Plan

The Shifting Sands of Res Judicata in the Fourth Circuit

By Mark C. Leffler and Emily Connor Kennedy
click here for part 2
Recently, the 4th Circuit Court of Appeals heard a case in which an unsecured creditor argued that a debtor could not include the following (seemingly innocuous) language in his Chapter 13 plan: “Confirmation of this plan does not bar a party in interest from objecting to . . .

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Interest Starts at Confirmation

Henry E. Hildebrand, III

February 2, 2025

The present value “interest” that must be paid on a secured claim in accordance with § 1325(a)(5)(B), as determined by Till, is to be paid from the effective date of the plan – confirmation – and not calculated from the date the plan was filed.

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Ask Ms. Ps & Qs

Nancy B. Rapoport

June 25, 2023

Dear Readers: By now, I’m hoping that all of you are aware of the sad story of the plaintiff’s lawyers in Mata v. Avianca, Inc., Case No. 22-cv-1461 (PKC) (S.D.N.Y). Lawyer A used ChatGPT to “research” a brief; Lawyer A was not admitted in the jurisdiction, so Lawyer B (same firm) entered a notice of appearance; Lawyer B filed Lawyer...

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Bulletin: SBRA Postscript, the Definition of Income, and Changes to Section 1113(b)(1)(B) and (C)

March 29, 2020

BULLETIN SMALL BUSINESS REORGANIZATION ACT POSTSCRIPT CARES Act Passed by Senate Increases Eligibility to Small Business Debtors with Aggregate Debts Up to $7,500,000 And Other Changes Early last Thursday morning, the Senate passed a substitute for H.R. 748, called the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”). The bill passed the House on Friday, and the President...

We Love You Dan (“Stingray”) Brunner!!

October 1, 2023

Dan grew up in Spokane, Washington, and graduated from Gonzaga University in 1966 with a BA in political science. After finishing his undergraduate degree, Dan entered active duty in the United States Army. He was stationed in Korea from 1967 to 1968 where he commanded a HAWK missile battery. Dan retired from the United States Army in 1994 with the...

Of Grace Periods and Mortgage Payments

Cathy Moran

January 23, 2022

The no man's land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners. Are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not in default...

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Getting Over the Finish Line: Not So Fast

Michael B. Joseph

January 26, 2025

It looks like the Debtor has completed all plan payments, that the plan is fully consummated, and the debtor is ready for discharge and closing of the bankruptcy case. Not so fast. There may be matters remaining that need to be addressed to get over the finish line. Attorney Joseph offers subscribers a checklist of potential issues that could inhibit discharge.

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Tell the Story

May 16, 2021

By Cathy Moran, Esq., (Redwood City, CA) Have I got a story for you. A rousing tale of schedules, hearings, frustrations, and ultimately fortunes, traceable to a good story in the fee application. Maybe that's a bit overblown, but I'm telling this story with a purpose. Good stories lead to fair compensation for bankruptcy attorneys. Fee applications aren't hard Filing...

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Big Dog Bites Back but Too Late

Henry E. Hildebrand, III

January 12, 2025

An alleged lessor’s tardy objection to confirmation of a Chapter 13 plan which treats the obligation as a secured loan is precluded from pursuing that objection after passage of the deadline established by the court.

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Absolute Right to Dismiss? Sixth Circuit Says “Yes”

August 8, 2021

By Academy Staff Section 1307(b) provides: On request of the debtor at any time, if the case has not been converted under Section 706, Section 1112, or Section 1208, the court shall dismiss a case under this chapter. This seemingly straightforward provision has generated significant litigation and produced multiple conflicting decisions. Does a Debtor have a right to dismiss a...

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From the Editor – Discharge Injunction

March 14, 2021

By The Honorable William Houston Brown (Retired) Section 524(i) applies only to long-term debts not discharged through plan. Whether § 524(i) applied to short-term secured debts that are paid in full and discharged through a Chapter 13 plan was a matter of first impression, with the Court finding no other court had yet decided precise question. Factors used in Supreme...

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When Things Don’t Go According to the Plan

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Related Articles

Interest Starts at Confirmation

Ask Ms. Ps & Qs

Bulletin: SBRA Postscript, the Definition of Income, and Changes to Section 1113(b)(1)(B) and (C)

We Love You Dan (“Stingray”) Brunner!!

Of Grace Periods and Mortgage Payments

Getting Over the Finish Line: Not So Fast

Tell the Story

Big Dog Bites Back but Too Late

Absolute Right to Dismiss? Sixth Circuit Says “Yes”

From the Editor – Discharge Injunction

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