Postpetition Borrowing by a Consumer Debtor in Chapter 13

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 1 of 2

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye

Although our Nation’s bankruptcy laws are uniform, chapter 13 practice in our Nation’s bankruptcy courts varies to a significant extent in the different judicial districts. One example of this variation is the treatment of postpetition borrowing by a consumer debtor in chapter 13.i

Neither the Bankruptcy Code nor the Federal Rules of Bankruptcy Procedure provide clear guidance about whether a consumer debtor must obtain court or trustee approval before incurring postpetition debt. The Code and the Rules are also silent . . .

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Practice Tips from Hon. Meredith Jury (Ret.)

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From the Editor – Debtor’s Attorney

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 7 Selected Decisions Under Parts I and II of the Federal Rules of Bankruptcy Procedure

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Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction This year's changes in the Rules of Bankruptcy Procedure are summarized below. They will be followed, in Part 2, by a digest of selected judicial decisions in the past year of interest for their procedural implications. December 1, 2021, Amendments to Bankruptcy Rules 2005, 3007, 7007.1 and 9036 On...

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From the Editor – Fair Debt Collection Practices Act

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In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).

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Critical Case Comment – Post-Petition 401(k) Contributions ARE Disposable Income

Henry E. Hildebrand, III

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Henry E. Hildebrand, III

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Debtor’s counsel should not be compensated for work undertaken on behalf of a debtor in order to correct errors.

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