When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge

By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA)

Many things can, and often do, change between the time debtors file a Chapter 13 bankruptcy petition and the end of their case. A variety of circumstances impact a debtor’s ability to afford their Chapter 13 plan payments, including but not limited to: medical problems, disability, loss of employment, and divorce. In the event of an unfortunate change after the confirmation of a plan, 11 U.S.C. § 1329(a) allows for modifications . . .

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Critical Case Comment

May 2, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) In calculating an above-median income debtor’s projected disposable income, the court may deduct from the debtor’s current monthly income only the expenses as listed in the IRS manual and not the debtor’s actual expenses. (Taylor) In re Rodriguez, 520 B.R. 94 (B.A.P. 9th Cir....

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How Forensic Accountants Add Value While Investigate Claims & Fraud – A Study

Edward C. Boltz

October 27, 2024

This study looks at forensic “accounting as a new generation tool that has adopted modern technology to detect financial fraud.” See Attorney Boltz’ comments on the use of forensic accounting in Chapter 13 cases.

Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility

May 23, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Bankruptcy Court for the District of Colorado ruled recently, in a case styled In re Ikalowych,1 that while eligibility for subchapter V of Chapter 112 requires that 50% of a debtor's debt must arise from commercial or business activities, the debtor was not required to be directly involved...

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Herb Beskin – A Proclamation

Angela M. Scolforo

October 22, 2023

Upon this auspicious occasion, seeing before us this eloquence of attorneys, let us recount the mighty deeds of one Herbert Lee Beskin. WHEREAS, Herbert was born and began his legal career in the last century (or we presume); and WHEREAS, a double Hoo, Herbert graduated from the University of Virginia with a B.A. in 1972, and stayed in Charlottesville to...

The Dilemma of Non-Filing Claims

Keith Rucinski

July 14, 2024

“The non filing and late filing of claims is a national issue with many jurisdictions struggling to address the issue.” Great article, particularly for creditors/creditor attorneys. Not a subscriber? Click here.

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Reconversion to Chapter 13 – Betwixt and Between?

Michael B. Joseph

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.”

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Trustee’s Broad Duty to Disclose Information to Interested Parties under Section 704(a)(7) of the Bankruptcy Code – Law Review by Jose Cardoz

Edward C. Boltz

October 13, 2024

While this article actually looks at Chapter 11 trustees, there are implications for 13 trustees here as well.

Objections to Claims: Two of These Creditors Are Not Like the Others [1]

June 13, 2021

By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo) Objections to claims may generally be served on the claimant by first-class mail to the person designated to receive notices on the most recent proof of claim for the creditor. This simplifies the service for claim objections for...

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Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong

April 14, 2019

By William J. Purdy, III, Simmons & Purdy (Soquel, CA) Hundreds of thousands of taxpayers in the past few weeks have looked at or at least thought about, Form 1099-A or Form 1099-C documents they have received. Some arrived in the tax year a debt was allegedly cancelled. Others are issued by financial instructions many years after they should have...

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From the Editor – Fair Debt Collection Practices Act

February 2, 2020

By The Honorable William Houston Brown (Retired) Punitive damages reduced for FDCPA and RESPA violations. The mortgage servicer violated FDCPA, RESPA and the Illinois Consumer Fraud and Deceptive Business Practices Act by treating account as delinquent after Chapter 13 debtor had cured arrears, brought account current and obtained discharge. The servicer mistakenly marked the Chapter 13 case as dismissed rather...

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