From the Editor

By Wm. Houston Brown, United States Bankruptcy Judge (Retired)

Disallowance of proof of claim did not extinguish lien. The Chapter 13 trustee had objected to second mortgage holder’s proof of claim because the creditor’s name did not match the documents attached to claim, and with no response, the claim was disallowed. However, the confirmed plan treated the debt as long term with monthly payments. After entry of discharge, the servicer on the mortgage changed, and the former debtors argued that the lien was voided by claim disallowance. The district court . . .

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How Much Is That Doggy in the Window? The One with the PMSI?

Ryan Blay

February 16, 2025

Canine Collateral. Paws and Claws. A legal tail. The puns are endless but Attorney Blay shares how he resolved the growing issue of a debtor’s pet being used as loan collateral while also highlighting the quirks of pet financing in bankruptcy cases.

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

January 17, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART VII – CONSUMER CREDITORS' PENALTIES FOR VIOLATIONS OF FORECLOSURE AND OTHER ARTICLE 9 RULES Introduction In this space, we have looked at numerous topics involving the operation of Article 9 of the Uniform Commercial Code (UCC) in bankruptcy; in the current series, we are reviewing Article 9's important rules...

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Sub V Update

Paul W. Bonapfel

April 14, 2024

Many of you are familiar with the extensive outline on Sub Chapter V that the Honorable Paul W. Bonapfel, United States Bankruptcy Court for the Northern District of Georgia, produces. This is a FREE resource and is freshly updated!! Thank you Judge Bonapfel!

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Henry E. Hildebrand, III

July 9, 2023

Chapter 13 debtor’s failure to provide evidence of a change in financial circumstances justifies the denial of a motion to modify seeking to reduce the dividend and related payments into the plan. (Cleary) In re DeRoo, 650 B.R. 561 (Bankr. N.D. Ill. May 2, 2023) Case Summary Nicole DeRoo filed a Chapter 13 petition in February of 2022. Above-median income...

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Borrowing Time from Rule 4004

Cathy Moran

March 22, 2026

Some of Attorney Moran’s very best practice tips come right off the corner of her desk - that case which required extra creativity or, perhaps, extra time before discharge. But do debtors have any power over that timing?

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Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix B

April 18, 2021

Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX B Side-by-Side Comparison of 11 U.S.C. § 1328(b)-(i) and 11 U.S.C. § 1141(d)(5)(B)-(C) 11 U.S.C. § 1328(b)-(i) Discharge 11 U.S.C. § 1141(d)(5)(B)-(C) Effect of Confirmation (b) Subject to subsection (d), at any time after the confirmation of the plan and after notice and a hearing, the court may grant a discharge ....

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Wholly Unsecured Junior Liens in Chapter 13: The Lien Strip Dance

Michael B. Joseph

March 10, 2024

“ . . . practice and procedure accomplishing the lien strip have been slow to evolve since 2017. . . . in the jurisdictions that opted out of usage of the Form 113 Plan, multiple iterations for lien stripping and release are found.”

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Engaging a Non-Profit to Solve the Chapter 13 Trustees PSLF Conundrum

March 8, 2020

By Ed Boltz, The Law Offices of John T. Orcutt, P.C. (Durham, NC) and Sarah Beth Withers, Inner Banks Legal Services (Washington, NC) DISCLAIMER: This article is not meant to provide specific advice about the formation of a 501(c)(3) non-profit corporation or the tax or other consequences of such. At most, this is intended to encourage Chapter 13 trustees and...

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Assessing the Ailing Business Post Pandemic

June 28, 2020

By Cathy Moran, Esq. (Redwood City, CA) Long after the human patients recover from the coronavirus, small businesses will still be ailing. And long nights will be spent deciding whether to try to stay in business. As bankruptcy lawyers, we’re going to see people in pain trying to assess what to do next. Business owners may see the exit heading...

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9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute

Hale Andrew Antico

January 29, 2023

Ninth Circuit Bankruptcy Appellate Panel finds no “eligibility” exception to right to dismiss a Chapter 13 bankruptcy Powell vs TICO Construction (In re Powell) 644 B.R. 181 (9th Circuit BAP, 2022) ISSUE Did the bankruptcy court err in granting Debtor’s motion to dismiss the Chapter 13? RULING No. FACTS This case tests the new “absolute right to dismiss” rule about...

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Related Articles

How Much Is That Doggy in the Window? The One with the PMSI?

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

Sub V Update

Critical Case Comment – It’s All in the Proof

Borrowing Time from Rule 4004

Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix B

Wholly Unsecured Junior Liens in Chapter 13: The Lien Strip Dance

Engaging a Non-Profit to Solve the Chapter 13 Trustees PSLF Conundrum

Assessing the Ailing Business Post Pandemic

9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute

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