Avoidance Powers in Chapter 13 – Part 5 of 6

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH)
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Claims Secured by Personal Property

Pamela Simmons-Beasley, Dennis LeVine, Esq., Michael J. Watton, Esq.

June 18, 2023

Chapter 13 in the Bankruptcy Code (1978 as amended) marks the first time that virtually all secured debts can be somewhat altered in a bankruptcy without getting the specific agreement of security holders. Real benefit is provided to the debtors who have personal property with secured loans due. Concepts including the automatic stay preventing enforcement or perfection of a security...

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Amendments to Federal Rule of Bankruptcy Procedure 3002.1

The Academy

December 7, 2025

The Academy needs your help - RIGHT NOW (please) - If you know of an attorney who represents a local bank or HOA, please copy/paste this webinar registration and send it to them. You will be doing them a huge favor! Webinar Registration - It’s Here: Don’t Get Tripped Up by 3002.1 – December 12 – 2:00 Eastern

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

April 18, 2021

Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX A 11 U.S.C. § 1328 Discharge (Text added by CAA, effective: December 27, 2020 and subject to one-year sunset, appears in italics.) (Mandatory and precatory directions to the court, critical to the statutory analysis in In re Ritter, appears in bold.) (a) Subject to subsection (d), as soon as practicable after completion...

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Is an Unemployment Compensation Payment Exempt?

May 17, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction As of April 16, 2020, more than 22,000,000 people in the United States were reported to have filed for unemployment aid, "a staggering loss of jobs that has wiped out a decade of employment gains and pushed families to line up at food banks as they await government help."1...

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Vesting Victories: Chapter 13 Debtors Shielded Against Unlisted Asset Claims

Henry E. Hildebrand, III

August 25, 2024

Once a Chapter 13 case is completed and the debtor receives a discharge, the trustee cannot seek to reopen the case for the purpose of grabbing an undisclosed, prepetition asset and then converting the case to a Chapter 7 so it could be administered.

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Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

Cathy Moran

December 19, 2021

Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the...

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Payment Reminders Drive Success

Tara Casey

March 22, 2026

By Tara Casey, Attorney Success Team TFS Bill Pay Anyone can miss a payment – forgetting is part of being human. It can happen because of stress, lack of sleep, too much multitasking or just a simple lapse in attention. Many companies send out payment reminders, but often those come after the due date when it’s too late to fix...

Critical Case Comment

February 3, 2019

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN (Nashville) Where a Chapter 13 plan provides that a mortgage payment will be paid “outside the plan,” the plan does not “provide for” the mortgage payment and, accordingly, the discharge under § 1328 is not applicable to the mortgage obligation. Dukes v. Suncoast Credit Union, 909...

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Less Than 100% Dividend Can a Chapter 13 Plan be Paid off Early?

April 21, 2019

By Stacey A. O’Stafy, Staff Attorney, Office of the Chapter 13 Trustee Faye D. English (Columbus, OH) An above median Chapter 13 debtor settles a workers’ compensation claim and wants to use the exempt settlement proceeds1 to pay off her 100% dividend plan in month 38 – can she? In this simple scenario, the answer is yes. Pursuant to 11...

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Stop the Chaos and Fix Client Communication with Smart Tech

Jen Lee

January 19, 2025

“Technology isn’t a replacement for the human element of your practice—it’s a solution to the logistical headaches that prevent you from being the attorney your clients need.” See also: Spitballing Chapter 13’s Image Makeover Ditch the Bankruptcy Jargon—Marketing Chapter 13 as the Ultimate Solution (Note that there are a few comments on this article.) Think Chapter 13 needs an image makeover? Let us hear from you.

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Avoidance Powers in Chapter 13 – Part 5 of 6

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Related Articles

Claims Secured by Personal Property

Amendments to Federal Rule of Bankruptcy Procedure 3002.1

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

Is an Unemployment Compensation Payment Exempt?

Vesting Victories: Chapter 13 Debtors Shielded Against Unlisted Asset Claims

Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

Payment Reminders Drive Success

Critical Case Comment

Less Than 100% Dividend Can a Chapter 13 Plan be Paid off Early?

Stop the Chaos and Fix Client Communication with Smart Tech

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