From the Editor

-

Link to Post:

By Wm. Houston Brown, United States Bankruptcy Judge (Retired)

Lien Modification - Modification of mortgage on mixed-use property. Reviewing the split of authority on whether a Chapter 13 debtor may modify a mortgage on property used for both business and residential purposes and when the use determination is made, the bankruptcy court adopted the filing date as the appropriate time for the determination of use. Using that date, when the property was used both as a residence and as a daycare business, the court considered the legislative history of § 1322(b)(2) as favoring home mortgage . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

FDIC and OCC Proposals Threaten Expansion of Predatory Lending

January 19, 2020
Two new proposals from the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) could make it easier for payday and other high-cost lenders to use banks as a fig leaf, allowing online lenders to offer predatory loans at interest rates that are prohibited under state law. Online lenders have become increasingly bold in...
View Article

What IS a Principal Residence?

June 30, 2019
By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Section 1322(b)(2) of the Bankruptcy Code states that a Chapter 13 plan may not modify a claim that is “secured only by a security interest in real property that is the debtor’s principal residence.” But the inverse of this statute is true; if...
View Article
Members
judgetheodoralbert

In Remembrance of Judge Theodor C. Albert

August 10, 2025
“We remember and honor Theodor Albert not only for what he did, but for how he did it --with humor, humility, and heart.”
View Article
crist

Southern District of Ohio

June 1, 2025
New Judge Appointed
View Article
daryl smith

Is the Automatic Stay Automatic?

August 24, 2025
The split deepens over § 362(c)(3)(A), as In re Sloniker holding that the automatic stay expires after 30 days as to both the debtor and estate property in repeat filings.
View Article
reginalogson

“Postmarked” Redefined

January 11, 2026
On November 24, 2025, the United States Postal Service quietly revised its policy on when mail is postmarked — a change that could have big implications for anyone who relies on postmarks to prove they mailed something on a specific date.
View Article
Members
reginalogson

House Judiciary Committee Hearing

July 20, 2025
On Tuesday, July 15, 2025, the House Judiciary Committee held a hearing entitled Bankruptcy Law: Overview and Legislative Reforms Correa Introduces Legislation to Support Student Borrower Bankruptcy Relief Following strong support from all of the witnesses at the recent House Judiciary hearing on bankruptcy for "hitting reset" on student loan discharges in bankruptcy, Rep. Correa has introduced H.R. 4444, the Student Loan Bankruptcy Improvement Act of 2025,  which would delete the word "undue"  from 11 USC 523(a)(8).
View Article

A Fond Farewell to 007 – Frank M. Pees

May 3, 2020
On April 30, 2020, Frank M. Pees will retire from his position as the Chapter 13 Standing Trustee (Worthington) for the Southern District of Ohio, Eastern Division. Mr. Pees has been a Trustee since his appointment in 1978. Throughout his career, he has been actively involved in the National Association of Chapter 13 Trustees, serving as President (in 1987), and...
View Article
Members

CFPB Proposes Changes to HMDA Rules

May 5, 2019
The CFPB (Bureau), May 2, 2019, issued a Notice of Proposed Rulemaking (NPRM), which proposes to raise the coverage thresholds for collecting and reporting data about closed-end mortgage loans and open-end lines of credit under the Home Mortgage Disclosure Act (HMDA) rules. The NPRM would provide relief to smaller lenders from HMDA’s data reporting requirements, and would clarify partial exemptions...
View Article
boltz2

Financial Shame Spirals: How Shame Intensifies Financial Hardship

June 22, 2025
Boltz comments on a study from ScienceDirect on the vicious cycle between shame and financial hardship.
View Article

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government