December 1 Approaches (Again): Home Equity Lenders Get a Break and Other Changes to Rule 3002.1

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

Background

Most Academy readers know that the Code1 permits a Chapter 13 debtor to cure a default and maintain payments of a home mortgage. Since 2011, Rule 3002.1 has complemented the Code with significant deadlines on a creditor secured by a home mortgage and evidentiary penalties and other sanctions for violation of those requirements. Rule 3002.1 was tweaked in 2016 and now is to be amended again on December 1, absent contrary Congressional action.

Consumers have . . .

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

jitwan-floyd
June 7, 2026
Solar panels may save on utility bills, but their legal classification can spark a bankruptcy battle and creditors' rights hang in the balance.
Members
February 23, 2020
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this...
Members
Copy of Hildebrand-2016
March 22, 2026
Where state law provides a homestead exemption to proceeds generated from the sale of a debtor’s homestead for a period of one year following the sale, the exemption would be allowed even if the debtors do not intend to devote these proceeds to obtain a substitute home.
Members
March 24, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Direct mortgage payments unpaid by debtor were not “provided for” in plan. The confirmed plan stated that the debtor would directly pay two home mortgages to the credit union, but there was no specification of payment terms or other treatment of those mortgages. At the time of confirmation, the...
Members
March 3, 2019
By Carri Hayden Johnson, Staff Attorney to O. Byron Meredith, Chapter 13 Trustee (Savannah, GA) The filing of a bankruptcy petition acts as a stay of certain actions against the debtor or the debtor’s property. The automatic stay is essentially the fundamental reason that a debtor seeks relief in the form of bankruptcy, as it allows the debtor a brief...
Members
Copy of Hildebrand-2016
August 27, 2023
A creditor having received relief from the automatic stay prior to confirmation of the debtor’s plan is nonetheless bound by the terms of the plan, once confirmed.
Members
reda
June 21, 2026
NSF’s have a psychological impact.
Consumer Bankruptcy Education
August 17, 2025
The National Data Center provides small sponsorships of up to $2,000 for educational consumer bankruptcy seminars, when approved pursuant to its guidelines and when funds are available.
joseph 12-2024
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
Sarao Yehuda
June 14, 2026
“It has never been easier to gamble than it is in modern times. There is no longer a need to go to the casino. One can simply place a bet on virtually any aspect of life with the touch of a finger.”
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: