By The Honorable William Houston Brown (Retired)

Dismissal of Case - Debtor’s attorney’s failure to file timely appeal of dismissal was not excusable neglect. Affirming, the First Circuit held that the bankruptcy court had wide discretion and there was no abuse in denial of the debtor’s motion for extension of time to appeal. The debtor failed to establish excusable neglect by her attorney’s failure to file a timely notice of appeal, and there was “no error in the bankruptcy court’s rational determination that counsel’s carelessness [in missing . . .

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.

Related Articles

joseph 12-2024
September 1, 2024
This article is a FREE resource for attorneys representing consumers in bankruptcy. Print it, mail it, or forward the link, carrier pigeon, whatever it take - get it into the hands of the personal injury attorneys in your area. You will educate them on their responsibilities AND create a referral avenue for yourself! You’re welcome!!
January 3, 2021
By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) Chapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated Appropriations Act of 2021, signed December 27, 2020 by the president. Debtors may get a full -compliance discharge of dischargeable debts if they have a residential mortgage and have not made all the payments required...
Members
Copy of Hildebrand-2016
January 1, 2023
Confirmation of a “sale” plan (proposing the sale of the debtor’s principal residence) depends upon how quickly the sale will be consummated, milestones established, and consequences for failing to meet those deadlines; a plan that makes payments to the mortgage company under a “sale” plan may not modify the rights of the mortgagee but if care is taken to comply...
Members
Bronitsky
May 12, 2024
Say it isn’t so!!!!! The bankruptcy community bids farewell to Judge Brian Lynch, a devoted jurist leaving a lasting impact on Chapter 13. Known for his advocacy and leadership, Judge Lynch's retirement marks the departure of a stalwart champion of bankruptcy law reform and education, leaving behind a legacy of compassion, humor, and dedication to improving the system.
Members
February 21, 2021
By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN) I have recently written an article for the NACTT Quarterly, that may or may not be published at the time of this writing, which is simply a stream-of-conscious style response to Senator Elizabeth Warren’s desire to modify the Bankruptcy Code based upon her perception that debtors’ attorneys get rich off...
BuzzyStubbs
September 29, 2024
It is with great sadness that we report the passing of Trawick "Buzzy" Hamilton Stubbs Jr. on September 25th.
Copy of Hildebrand-2016
February 5, 2023
Mortgagee’s failure to disclose payment changes resulting from escrow adjustments and interest rate modifications compels the Court to order mortgagee to credit all undisclosed increases and subject it to sanctions, including attorney’s fees. (Somers) In re Kinderknecht, 2023 WL 320984 (Bankr. D. Kan. January 19, 2023) Case Summary Kyle and Chasity Kinderknecht filed a Chapter 13 petition in December of...
Members
Copy of Hildebrand-2016
Chapter 13 plan cannot be modified to treat a priority claim as general unsecured after the time for reconsideration of the order has passed. (Easterbrook) Matter of Terrell, 39 F.4th 888 (7th Cir. July 12, 2022) Case Summary The Terrells’ Chapter 13 plan proposed a classification to pay the State of Wisconsin in full as a priority claim because, they...
Members
June 21, 2020
By The Honorable William Houston Brown (Retired) Portion of divorce award was priority domestic support claim and portion dischargeable unsecured claim. Applying Third Circuit’s factors from In re Gianakas, 917 F.2d 759 (3d Cir. 1990), and considering special master’s intent in divorce proceedings, one-third of former spouse’s claim was priority domestic support but two- thirds was reclassified as general unsecured...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: