By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The Judicial Conference proposed, and Congress has not changed, the amendments to the following Federal Rules of Bankruptcy Procedure: Rules 2002, 2004, 8012, 8013, 8015 and 8021. Absent Congressional action, which is not expected, they will be effective at the...
From the Editor – Curing Default
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Debtor could cure default beyond 60 months. Agreeing with In re Klaas, 858 F.3d 820 (3d Cir. 2017), bankruptcy court had discretion to permit debtors to cure plan default, allowing a reasonable grace period beyond the 60 months of confirmed plan. Dismissal of the case for plan default was not required under § 1307(c), because dismissal was discretionary. Section 1328 does not expressly require that all payments under the plan be made within 60 months. Remand was ordered for the bankruptcy court to consider the non . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy
Critical Case Comment
2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 3 Rules Related to SBRA (Continued)
No Answers?
Bankruptcy Lawyer Must Have Otherworldly Powers
Form 1099G – How to Fight Back Against Scams
The PUMP Act
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
Bankruptcy’s Eternal Struggle
The Long Reach of R. 3002.1