Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage Servicing

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

My Google Alert popped up a lovely win for a Chapter 13 homeowner, but all I could see was the train wreck that lies ahead.

The bankruptcy court ruled that the confirmed (and completed) plan trumped a late-filed mortgage proof of claim.

Payment of the amount provided in the plan cured the prepetition arrearage.

As a debtor attorney, I’m on board so far.

But I doubt . . .

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Critical Case Comment – “Extraordinary” Key to Set Aside Dismissal

Henry E. Hildebrand, III

November 13, 2022

Chapter 13 debtor must demonstrate extraordinary circumstances to justify the extraordinary relief of setting aside or “reconsidering” an order dismissing a Chapter 13 case. (Cary) In re Canas, 2022 WL 10707000 (Bankr. D. Ma. October 18, 2022) Case Summary Nelson and Annemarie Canas filed a Chapter 13 petition in August of 2019. The debtors immediately fell behind on their proposed...

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In re King, 460 B.R. 708 (N.D. Tex. Sept. 23, 2011)

March 22, 2026

Chapter 13 plan did not discriminate unfairly against unsecured creditors that were not student loan creditors even though, under the plan, debtors were to pay student loan debt directly because all of debtors’ projected disposable income was devoted to unsecured creditors pool, allowing non-student-loan creditors, to which entire UCP would be devoted, to receive pro rata share equal to or...

A Day in the Life of a Chapter 13 Trustee

May 12, 2019

By Margaret A. Burks, Esq., Chapter 13 Trustee (Cincinnati, OH) I was recently asked to expound on a “Day in the Life of a Chapter 13 Trustee.” Then Regina (Logsdon, Executive Director of ConsiderChapter13.org) asked me to write an article for the Academy. I believe in fate so here goes. Please see ‘Effective Communication Guide.’ It came out about four...

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Game Stop: Dismissals with Prejudice

Michael B. Joseph

May 8, 2022

Faced with abusive and serial bankruptcy cases,courts have fashioned various sanctions to put a stop to gaming the system. The favored sanction of the majority of courts is to enter an order of dismissal with prejudice under Section 349(a) of the Bankruptcy Code that adds a condition prohibiting refiling another bankruptcy case for a set period of time. See Lundin...

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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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A Salute to the Consumer Litigation Five Star General

Keith D. Slocum

April 2, 2023

Consumer law attorney, mentor and educator, Oliver Max Gardner III recently announced that he is retiring. His passion, diligent research and unmatched expertise has served as a north star in consumer law for so many of us. From building a community of like-minded enthusiasts through the renowned Bankruptcy Boot Camp and cultivating an army of consumer litigators to fiercely defending...

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

March 7, 2021

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL) The Consumer Financial Protection Bureau (CFPB) published its debt collection final rule in the Federal Register on November 30, 2020, revamping the Fair Debt Collection Practices Act (FDCPA) for the first time since its enactment in 1977. Despite written comments submitted by several industry groups requesting clarity in areas where...

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Household Size in the Projected Disposable Income Calculation

James M. Davis

February 22, 2026

We hope this is not the last we hear from Attorney Davis, but this article concludes our series on the means test. Watch for the webinar recording to post next week. Access is free to subscribers or $39.99 pay per view.

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The Means Test Allows Health Care Before Creditors

Cathy Moran

February 15, 2026

Health insurance is an allowable means test deduction, even if the debtor doesn’t currently have health insurance.

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Critical Case Comment

July 26, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 13 debtor may include a provision in the Chapter 13 plan that only estimates the duration of the plan and, absent an objection, such provision would cause the debtor’s plan to terminate and the debtor receive a discharge when the claims have been...

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Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage Servicing

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Related Articles

Critical Case Comment – “Extraordinary” Key to Set Aside Dismissal

In re King, 460 B.R. 708 (N.D. Tex. Sept. 23, 2011)

A Day in the Life of a Chapter 13 Trustee

Game Stop: Dismissals with Prejudice

Critical Case Comment – No Mulligans for Gardners

A Salute to the Consumer Litigation Five Star General

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

Household Size in the Projected Disposable Income Calculation

The Means Test Allows Health Care Before Creditors

Critical Case Comment

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