Chapter 13 Trustee Duties, Powers, And Limitations

Chapter 13 Trustee Duties, Powers, And Limitations – Part 7

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama

Is the trustee’s service worth her commission?

The Eleventh Circuit recently issued its opinion in In re Dukes, 909 F.3d 1306 (11th Cir. 2018), which spoke primarily to the issue of what it means for a mortgage to be “provided for” in the plan. The court found that debtor-direct-pay-mortgages, not paid through the trustee and controlled entirely by the loan documents rather than by any provision of the chapter 13 plan, are not “provided . . .

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.

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 3 of 3

June 23, 2019

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 Click here for Part 2 of 3 19. In the Courtroom ― Leading Questions Learning how to conduct a direct examination of your witnesses is the cornerstone to your case. Early . . . It looks like you are not signed in or registered! This...

Members

Inclusion in Bankruptcy Doesn’t Equal “Discharged”

Cathy Moran

February 11, 2024

Communications Practice Pointer! Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. Communicating clearly with our clients, in their language, is a key part of our job. The struggle often seems Herculean.

Members

Cui Pro Bono?

The Honorable John P. Gustafson

April 17, 2022

Judge Gustafson and Daniel Tavera explore “Who Benefits” from work done in a Chapter 13 case, and they suggest that the title of this piece comes from an old-time radio show – “Yours Truly, Johnny Dollar” – one of the most popular radio shows in its day. It was a five-part show called “The Cui Bono Matter.” To hear a...

Members

Demystifying Bankruptcy Appeals

M. Jonathan Hayes

September 11, 2022

Consumer bankruptcy attorneys in my experience tend to see appeals as a massively expensive undertaking fraught with unfamiliar rules and the threat of sanctions at every turn. That is not the reality. The purpose of this short article is to allay those fears. It’s a fun and satisfying process; dive in says I. Final order You can only appeal a...

Members

Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania

March 15, 2020

By Scott Waterman, Standing Chapter 13 Trustee Eastern District of Pennsylvania (Reading) Citing Pennsylvania law, a Federal District Court in In re Hamilton (Hamilton v. Pennsylvania Housing Finance Agency), ___ B.R. ____ (E.D. Pa. 2020) refused to apply the equitable subordination doctrine to reorder the priority of mortgages after the first mortgage lender granted the debtors a loan modification prior...

Members

Critical Case Comment – Although a Mess, Month-to-Month Lease Assumed

Henry E. Hildebrand, III

June 4, 2023

A month-to-month residential lease can be assumed and defaults cured in a Chapter 13 plan. (Rucker) In re Mattoon, 2022 WL 2080184 (Bankr. E.D. Tenn. June 9, 2022) Case Summary Sarah Mattoon executed a lease with Open Doors in September of 2019. Several of Ms. Mattoon’s family members lived with her in the rented apartment including her “companion” and her...

Members

I Know You Think You Know What I Said

Cathy Moran

June 30, 2024

“The client now claims that my words were a license to fail to disclose the gifts. Huh?”

Members

Ask Ms. Ps & Qs

Nancy B. Rapoport

October 9, 2022

Dear Readers: We are all working at what feels like the speed of light these days. (And if we’re not, then we’re upset that work is too slow. Yes, we feel like Goldilocks—work’s either too busy or not busy enough.) But the wonderful Regina has asked me a question that often relates to someone hitting “send” too soon: “When opposing...

Members

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...

Members

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 3

September 13, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART III – DELAYED PERFECTION OF SECURITY INTERESTS Introduction Current circumstances (a pandemic and dire economic conditions) portend an onslaught of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space,...

Members