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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A Chapter 13 trustee has an obligation to return all funds on hand (after deducting for delinquent adequate protection or administration claims) to the debtor if their plan is not confirmed; the Code requirement trumps a state law garnishment issued against the trustee.

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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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“Does wearing these horizontal stripes make me look fat?” My wife, Becky, tells me that clothes with horizontal stripes make one look broad or fat. However, wearing clothes with vertical stripes create the illusion of making one look tall or slim. Smart fashion designers design clothing that creates the illusion that people are something they are not. I must confess...

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In June of 2017 Michele T. Hatcher was appointed Chapter 13 Standing Trustee for the Northern District of Alabama, Northern Division. Ms. Hatcher replaces retiring Trustee Michael Ford. She maintains her office in the quaint Southern town of Decatur which is nicknamed “The River City” because it is on the banks of Wheeler Lake, along the Tennessee River. Prior to...

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By Professor Nancy Rapoport Dear Readers: The Academy staff has raised an important issue: Given the mental health issues associated with the pandemic, what should someone do when he or she sees a colleague lawyer in distress? Before we get to the ethics implications, let’s talk about the mental health issue itself. When people are under great stress, they try...

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Rescuing a Troubled Chapter 13: The Unseen Threat

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Related Articles

From the Editor – Claims

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

A Chink in the Armor of TitleMax

The Government Shutdown and Chapter 13 Plan Arrearages – What Do We Do Now?

The Trustee Is Not Your Collection Agent

Senior Moments

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

Character Counts

Meet Another Trustee

Ask Ms. Ps & Qs

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