From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section 1322(b)(5) permits a plan to provide for the curing of default, and the confirmation became binding. Although the creditor will continue to have a lien after plan completion, the confirmed plan established the . . .

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

daryl smith
April 23, 2023
Is there a duty to inform the trustee about changes post-plan confirmation? Yes.  There is an inherent duty for the consumer debtor to update the trustee on any and all material changes, particularly windfalls, post plan confirmation.  In a very recent case, In Re Robinson, the United States Trustee moved to dismiss debtor’s chapter 13 case because the debtor received...
Members
March 31, 2019
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...
Members
moran_cathy
November 19, 2023
On Thanksgiving, I’m mindful of how precious the American approach to insolvency is.
M Joseph Photo 2-1-22
January 21, 2024
“Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”
Members
February 2, 2020
By The Honorable William Houston Brown (Retired) Class action certification on predominance. The Eleventh Circuit remanded, finding that the District Court had abused its discretion in refusing to certify a class on a predominance theory for former debtors who had obtained discharge of personal liability on residential mortgages and who asserted violations of the FDCPA by a loan servicer. The...
Members
M Joseph Photo 2-1-22
November 5, 2023
“The focus of this article is to review some of the issues faced in cases with pending state court marital property division proceedings.”
Members
February 28, 2021
By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion...
Members
August 22, 2021
By Cathy Moran, Esq., (Redwood City, CA) When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says: Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck with me and...
Members
Judge Corbit
January 14, 2024
Bankruptcy Judge (E.D. Washington) serves up classics with wooden tennis racket collection.
September 20, 2020
By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...
Members

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: