By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In Ritzen Group, Inc. v. Jackson Masonry, LLC (In re Jackson Masonry, LLC),1 the Sixth Circuit reviewed circuit authority on finality of orders for appellate purposes and affirmed the district court's dismissal of an appeal from an order denying stay relief. The Court of Appeals said that, under 28...
“Cure and Maintain” in Chapter 20? Not in Canton, You Don’t!
Print This Article
Link to Post:
By Academy Staff
The concept of a “Chapter 20” has been around as long as the Bankruptcy Code. Debtor files for relief under Chapter 7 and receives a discharge. Then Debtor files a Chapter 13 to “cure and maintain” a mortgage arrearage. Perhaps because the Debtor was in default on the mortgage when the Chapter 7 was filed but Debtor needed some relief in the Chapter 7 before filing a Chapter 13 (possibly because Debtor’s unsecured debts raised debt limit issues under Section 109); maybe by receiving the Chapter 7 discharge, the Debtor is now able to . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
How to Present an Effective Summary Judgment Motion
Critical Case Comment
From the Editor – Dismissal
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9
Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov
Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix B
Critical Case Comment – Debtor Not Current But May Invoke CARES Remedies
Rescuing a Troubled Chapter 13: The Unseen Threat
Supreme Court Agrees to Revisit Finality of Orders in Bankruptcy
Chris Hawkins Appointed Judge