Post-Confirmation Property & Income Changes

By Neil Enmark, Staff Attorney for David P. Cusick, Chapter 13 Standing Trustee for the Eastern District of California (Sacramento, CA)

If you represent Chapter 13 Debtors, you will eventually have a case where the Debtor does not promptly tell you they received substantial property or additional income after the plan has been confirmed. When the Chapter 13 Trustee learns about this, they will try to increase the dividend to unsecured claims, and you will have to decide what to do. If you do nothing you risk a Trustee motion, or the Court acting sua sponte

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Hale Andrew Antico

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Sahni v. Tajima (In re Tajima) 2022 WL 3354006 (9th Cir. BAP Aug 15, 2022)(unpublished) S.Klein J ISSUE Did the Bankruptcy Court err when confirming Chapter 13 plan? RULING Yes. FACTS This case involves the tension of litigation in bankruptcy causing delay, and the need to get a Chapter 13 plan confirmed quickly. Here, there was a dispute between debtors...

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By Robert (Bob) Schuman, Owner/Managing Broker, Network Financial Group I’m a mortgage broker. In that role, I see close up the immense relief that a homeowner feels when they file Chapter 13. They are no longer forced to deal with collection calls and a multitude of letters that are aggressive and intimidating, threatening to take their car, foreclose on their...

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The Academy

February 18, 2024

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Gambling is inherently risky, but that rings even more true when a bankruptcy is involved. Section 727(a)(5) allows for denial of discharge if “the debtor has failed to explain satisfactorily, …. any loss of assets or deficiency of assets to meet the debtor’s liabilities.” 11 U.S.C. §727(a)(5). Recently, Bankruptcy Judge Timothy A. Barnes in Chicago wrote an opinion in which...

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SCOTUS Cases Every Bankruptcy Lawyer Should Know – Part 6 of 8

The Honorable John P. Gustafson

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In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Johnson v. Homestate Bank; Harrington v. Purdue Pharma; Bartenwerfer v. Buckley; Fulton

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Paying the Car Loan Directly vs. Through the Plan: Till Debt Us do Part?

January 31, 2021

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) In a recent case out of the Sixth Circuit, the Appeals Court heard an appeal by the Chapter 13 Trustee concerning direct payments by the debtor on a car loan and the applicable interest rate. The case is In re Chambers, 6th Circuit, # 20-1376, Appeal...

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U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

The Academy

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These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024.

Per Capita Bankruptcy Filings Heat Map

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____________________________ 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...

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Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

January 10, 2021

By The Honorable William Houston Brown (Retired) This legislation includes several bankruptcy-related provisions, in addition to government funding and other COVID relief. Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under...

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Post-Confirmation Property & Income Changes

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Related Articles

Quick Confirmation – BAP Says Not So Fast

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