From the Editor

From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Claim allowed after reopening of no-asset case. The Chapter 7 case filed as no-asset was reopened after discovery of assets for distribution, and debtors objected to a claim on basis of statute of limitations. Affirming, the Bankruptcy Appellate Panel held that the time to commence action on the claim had been tolled under applicable California law since the bankruptcy filing, and the entry of a discharge further tolled the applicable limitations period. The creditor was unable to file a claim in the bankruptcy until assets for potential . . .

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Escrow 101 – Part 1 of 3

August 29, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 2 Escrow 101 – Part 3 Escrow 102 – Part 1 Escrow 102 – Part 2

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Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 1 of 3

November 8, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Some Basics about Secured Claim Treatment in Chapter 13 What is a Secured Claim under § 506(a)? Secured by a lien on property of the debtor’s bankruptcy estate. Some value in the property to which the lien may attach. Must be secured by property that is property of the debtor’s bankruptcy...

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These Summer Activities Can Affect Next Year’s Tax Returns

August 11, 2019

Summertime activities often affect the tax returns people file the following year. Here are some things taxpayers do during the summer along with tips they should consider now: Getting married. Newlyweds should report any name change to the Social Security Administration. They should also report an address change to the United States Postal Service, their employers, and the IRS. This...

A Fond Farewell

Marie-Ann Greenberg

August 20, 2023

Wishing our dear friend and colleague, Isabel Balboa, a hearty congratulations on her upcoming retirement. As many of you know, Isabel came to the United States from Cuba at the age of 6 with her mother and sisters. Upon leaving Cuba, they were forced to leave everything behind for fear that they would be caught and detained. Her father was...

From the Editor – Claims

February 9, 2020

By The Honorable William Houston Brown (Retired) Unreasonable fees for proof of claim. $4,000 fee for private mortgagee’s proof of claim and objection to proposed plan was unreasonable, and creditor was denied recovery of $7,500 attorney fee for responding to debtor’s objection to proof of claim. The Court considered Fannie Mae’s guidelines for maximum fees related to proof of claim...

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Sub V Update

Paul W. Bonapfel

April 14, 2024

Many of you are familiar with the extensive outline on Sub Chapter V that the Honorable Paul W. Bonapfel, United States Bankruptcy Court for the Northern District of Georgia, produces. This is a FREE resource and is freshly updated!! Thank you Judge Bonapfel!

Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?

January 6, 2019

By Academy Staff In July of 2016 ConsiderChapter13.org posted an article, “Another Arrow in the Quiver of the ‘Less Than Honest Debtor’.” That article addressed a decision of the Bankruptcy Court for the Eastern District of Tennessee in In re Hurt, 2015 WL 9592064 (Bankr. E.D. Tn. 2015), in which the Court overruled the Trustee’s objection to exemptions. In Hurt,...

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Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class

August 25, 2019

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The Bankruptcy Code does not – and thus a trustee cannot – require a debtor to treat nondischargeable student loan debts in a separate class from other general unsecured claims under § 1322(b)(1), even when including them all in the same pool will result in...

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When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

August 22, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate. (Somers) In re Taylor, 2021 WL 3118824 (Bankr....

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March 24, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Direct mortgage payments unpaid by debtor were not “provided for” in plan. The confirmed plan stated that the debtor would directly pay two home mortgages to the credit union, but there was no specification of payment terms or other treatment of those mortgages. At the time of confirmation, the...

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From the Editor – Claims

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Related Articles

Escrow 101 – Part 1 of 3

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 1 of 3

These Summer Activities Can Affect Next Year’s Tax Returns

A Fond Farewell

From the Editor – Claims

Sub V Update

Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?

Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

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