Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 2 of 3

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA)

Click here for Part 1

II. Dealing With Balloon, Short Term and Related Mortgage Secured Claims Under §§ 1322(c)(2) And 1325(a)(5).

  1. § 1322(c)(2) provides that:

    “Notwithstanding subsection (b)(2) and applicable nonbankruptcy law . . .

    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

Copy of Hildebrand-2016
January 5, 2025
Chapter 13 debtor has the right to modify a confirmed Chapter 13 plan to pay off the plan early; at modification the “best interest of creditors test” applies to the modified plan as of the effective date of the modification.
Members
moran_cathy
August 6, 2023
I was the third attorney on this lien avoidance matter. Instead of it being “third time’s the charm”, it came close to being “three strikes and you’re out.” All because of FRBP 7041. This was the set up: debtor’s original counsel filed a number of lien avoidance actions, including the one against a landlord with a large default judgment. The...
Members
jen-lee
August 10, 2025
We tell clients delay is costly—then ignore that advice ourselves.
Members
October 6, 2019
By Mike Fitzgerald It has been almost one full year since I retired as the Chapter 13 Standing Trustee in Seattle. I am happy to report that my family and I are enjoying ourselves immensely. As retirement grows more comfortable, I find myself looking back with mostly very fond memories at the nineteen years I served as a Trustee, as...
Members
March 14, 2021
By The Honorable William Houston Brown (Retired) Failure to pay postpetition fees under Rule 3002.1 did not prevent discharge. The debtor had completed payments to the trustee and postpetition mortgage payments to the creditor, but she had not paid $1,370 in postpetition fees that had been asserted by the mortgage creditor and noticed to the debtor under Rule 3002.1. That...
Members
Consumer Bankruptcy Education
September 3, 2023
Tracy Updike of Harrisburg, Pennsylvania, has been named as a Chapter 13 Standing Trustee for the Northern District of Indiana.  Updike will be filling the trusteeship vacated by Debra Miller when she accepted a trusteeship in the Eastern District of Tennessee.
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....
Members
nationaldatacenter_logo
November 2, 2025
The National Data Center provides small sponsorships of up to $2,000 for educational consumer bankruptcy seminars, when approved pursuant to its guidelines and when funds are available.
May 10, 2020
By Professor Nancy Rapoport, University of Nevada Dear Readers: Regina Logsdon has just asked me a great question: In this new world of Zoom, is it okay to record meetings? Video and audio? Permission needed? Does it vary state to state? We are living in a new normal, and video conferencing will continue to be part of our lives even...
Members
daryl smith
October 19, 2025
This article explores how procedural precision often trumps substantive entitlement — and why vigilance is key to protecting valid claims.
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: