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.

Per Capita Bankruptcy Filings Heat Map

November 24, 2019

____________________________ Prior to his appointment as a bankruptcy judge for the District of Utah in September of 2015, Judge Anderson served for seventeen years as the Standing Chapter 13 Trustee for the District of Utah. During this time, he administered over 70,000 Chapter 13 cases. Judge Anderson was elected president of the National Association of Chapter 13 Trustees (NACTT), and...

Members

Pay Down Debt or Save – Which Should Come First?

Cathy Moran

August 25, 2024

Pay off debt first or start saving now? A question you, as a debtor attorney, are often asked. It’s a debate almost as convoluted as which came first, the chicken or the egg?

Members

Can Good Facts Also Make Bad Law? Finality of Orders in Bankruptcy Revisited after Ritzen Group

Lawrence R. Ahern, III

March 20, 2022

"Finality" in Bankruptcy When is an order within a bankruptcy case "final"? When must a party to the proceeding appeal within 14 days? When may a party either seek interlocutory review or sit back and wait until something more occurs to make the order final? Final orders are appealable. In civil actions, this is a relatively easy proposition to apply...

Members

Summer Intern Unveils Demographic Breakdown of U.S. Federal Judicial Districts

Sadie Mehr

September 8, 2024

Sadie Mehr, summer intern for the Chapter 13 Standing Trustee for the District of South Carolina, extrapolated the U.S. Census data and organized it into a spreadsheet.

New Judge Appointed to Southern Ohio Bankruptcy Court

The Academy

August 17, 2025

U.S. Court of Appeals for the Sixth Circuit appointed Tiffany Strelow Cobb to a 14-year term as a U.S. Bankruptcy Judge for the Southern District of Ohio, effective August 20, 2025. She will be located in Columbus, Ohio.

Meet a Newish Trustee

The Academy

June 18, 2023

By Regina Logsdon, Academy Executive Director Erin M. McCartney was appointed as the Chapter 13 Standing Trustee for the District of Nebraska beginning on January 1, 2022. Erin stepped into metaphorically very large and capable shoes as she replaced retiring Kathleen Laughlin. Erin grew up in Illinois, graduating college from Bradley University in Peoria (Go Braves!). Law school required a...

Members

Chapter 13 Trustee Duties, Powers, And Limitations – Part 6

November 8, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama When do the trustee’s duties end, and who gets the money? Harris v. Viegelahn, 135 S. Ct. 1829 (2015). This opinion of the unanimous Court requires the trustee to return to the debtor undistributed plan payments—originating from wages earned postpetition—on hand at a good-faith, post-confirmation conversion rather...

Members

Critical Case Comment – Don’t File a Individual Chapter 13 If the Assets Are Owned by an LLC; It Will Cost You – BIG

Henry E. Hildebrand, III

September 25, 2022

Where a debtor and debtor’s counsel initiated a Chapter 13 petition in an effort to halt a foreclosure against property held by the debtor’s LLC, and where the debtor took no steps to correct the filing, sanctions would be imposed against debtor’s counsel. (Grabill) In re Scaccia, 2022 WL 1216284 (Bankr. E.D. La. April 25, 2022) Case Summary Scaccia owned...

Members

Possible Solution for Student Loans?

August 16, 2020

By Laila S. Gonzalez, Esq. One thing everyone can agree on is that student loan debt is increasing on an annual basis. Studies have shown than people with high student loan debt wait years longer to buy a home and start a family. Several suggestions have been made as to how to resolve the problem. One suggestion is to eliminate...

Members

What is a “Consumer Debt”?

M. Jonathan Hayes

April 21, 2024

By highlighting Judge Stephen Johnson's rulings and insights, Hayes brings readers an analysis of the definition of what consumer debt is . . . and is not.

Members