Rescuing a Troubled Chapter 13: The Unseen Threat

By Cathy Moran, Esq. (Redwood City, CA)

We all get sucked in, at some time, to try and rescue a Chapter 13 bankruptcy case gone bad.

Make sure that you don’t let a bad situation get worse. Get your arms around §109(g).

When only a do-over will do, don’t wait around.

No Payments for Months

The debtor came to me for help when the trustee moved for dismissal for feasibility issues of a long-confirmed plan . . .

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Artificial Intelligence in Bankruptcy Law: A Modern Legal Frontier

Stephen F. Relyea, Todd Rich

July 28, 2024

Artificial intelligence (AI) has become a transformative force across various industries, including legal practice, where it offers numerous advantages and some challenges. This article explores the different types of AI, its potential uses in bankruptcy law, and the necessary precautions attorneys must take to avoid ethical pitfalls.

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Demystifying Bankruptcy Appeals

M. Jonathan Hayes

September 11, 2022

Consumer bankruptcy attorneys in my experience tend to see appeals as a massively expensive undertaking fraught with unfamiliar rules and the threat of sanctions at every turn. That is not the reality. The purpose of this short article is to allay those fears. It’s a fun and satisfying process; dive in says I. Final order You can only appeal a...

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Critical Case Comment – No Mulligans for Gardners

Henry E. Hildebrand, III

October 30, 2022

In order for a debtor to succeed in setting aside a dismissal in a motion filed under Rule 9024, F.R.B.P., the debtor must prove specific grounds as outlined in Federal Rule of Civil Procedure 60(b). (Oxholm) In re Gardner, 2022 WL 654410 (Bankr. E.D. Mich. May 24, 2022) Case Summary Carl and Taisha Gardner filed Chapter 13 in September of...

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Senior Headaches Caused by Junior Liens: Lien Stripping Under § 522(f)

Arya Omshehe

August 10, 2025

BAPCPA introduced a new mathematical calculation to § 522(f) for use in determining the avoidance of judicial liens. When does this make a difference?

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From the Editor – Confirmation

March 8, 2020

By The Honorable William Houston Brown (Retired) Plan did not properly address 910 creditor’s liens. Finding that the plan did not satisfy one of the three options for addressing a secured claim under § 1325(a)(5), specifically failing to provide for the 910 creditor’s retention of lien, the Panel observed that in response to the creditor’s objection to confirmation, the debtors...

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From the Editor

September 27, 2020

By The Honorable William Houston Brown (Retired) Debtors’ attorney fees not authorized under Equal Access to Justice Act (EAJA). Although the Chapter 13 debtors had prevailed before the Ninth Circuit, In re Sisk, 962 F.3d 1133 (9th Cir. 2020), their application for attorney fees as prevailing parties under EAJA was denied. That Act did not authorize awards of attorney fees...

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Senior Moments

December 1, 2019

By Peter Fessenden, Chapter 13 Standing Trustee, Retired September 30, 2017 (Portland, ME) To everything there is a season. There was a time to discover how little I knew about being a Chapter 13 trustee. There was a time to make mistakes. There was a time to address those mistakes. There was a time to solve problems. There was a...

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 3

September 13, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART III – DELAYED PERFECTION OF SECURITY INTERESTS Introduction Current circumstances (a pandemic and dire economic conditions) portend an onslaught of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space,...

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From the Editor – Claims

June 21, 2020

By The Honorable William Houston Brown (Retired) Objection to proof of claim barred by preclusion. The Chapter 13 debtor objected to Wells Fargo’s proof of claim in an adversary proceeding that alleged the note had been procured by fraud and was unenforceable; but the debtor had previously litigated those and other issues in the state court. Preclusive effect of the...

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Critical Case Comment – 3002.1 and Reverse Mortgages

Henry E. Hildebrand, III

January 23, 2022

Requirements and remedies in Rule 3002.1 apply to reverse mortgages as well as conventional mortgages; while discharge of Chapter 13 plan does not discharge a mortgage obligation treated pursuant to § 1325(b)(5), the court may prohibit prospective use of a nondisclosed obligation as grounds for a default. (Waites) In re Legare-Doctor, 2021 WL 5712149 (Bankr. D. S.C. Dec. 1, 2021)...

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Rescuing a Troubled Chapter 13: The Unseen Threat

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Related Articles

Artificial Intelligence in Bankruptcy Law: A Modern Legal Frontier

Demystifying Bankruptcy Appeals

Critical Case Comment – No Mulligans for Gardners

Senior Headaches Caused by Junior Liens: Lien Stripping Under § 522(f)

From the Editor – Confirmation

From the Editor

Senior Moments

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 3

From the Editor – Claims

Critical Case Comment – 3002.1 and Reverse Mortgages

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