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

-

Link to Post:

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

ABI Commission on Consumer Bankruptcy – Judicial Estoppel

June 30, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Over the past twenty years, the judicial estoppel doctrine has had a significant impact on people who file bankruptcy. Judicial estoppel has grown to be a significant issue within the consumer bankruptcy system. The Commission was asked to address it. Judicial estoppel is a doctrine created to protect the...
View Article
Members

Critical Case Comment

July 7, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Where a confirmation order of a debtor’s Chapter 12 plan specifically provided for payments to a creditor and the Chapter 12 trustee had supported confirmation of the plan, the trustee would be precluded from seeking to disallow a late-filed claim. Following the plan, the...
View Article
Members
Copy of Hildebrand-2016

Revested Property Doesn’t Need a Hall Pass

February 8, 2026
It is unnecessary for a Chapter 13 debtor to obtain court approval to hire a realtor or to sell the debtor’s residence following confirmation where property “revested” in the debtor.
View Article
Members
nationalguard

National Guard and Reservists Debt Relief Extension Act of 2023

December 31, 2023
The National Guard and Reservists Debt Relief Extension Act of 2023 (H.R. 3315) enacted on December 19, 2023 extends for an additional four years the existing exemption from the means test for qualifying reservists and National Guard debtors who are called to active duty or to perform a homeland defense activity for not less than 90 days. See 11 U.S.C. § 707(b)(2)(D)(i). A debtor...
View Article
Langehennig

From the Archives

December 31, 2023
From the archives is a expansive piece on 3002.1.
View Article
Members
Relyea

Safeguarding the Promise of a Fresh Start: Utilizing RESPA to Challenge Mortgage Servicing Errors Post-Discharge

July 10, 2022
For many of the consumer debtors my firm represents, the primary purpose of filing bankruptcy is to save their home or other real estate from being foreclosed upon by their mortgage servicer. We help those debtors file and comply with chapter 13 plans that propose to resolve their defaulted mortgages in a variety of ways, which might include curing pre-petition...
View Article
Members

Beyond Professional Ethics

July 25, 2021
By Merideth Akers, CPA, PHR, Comptroller forBradford W. Caraway (Birmingham, AL) I am a Certified Public Accountant (CPA) and a Professional in Human Resources (PHR). I suspect that many who read this article are Licensed Attorneys. Others may hold a certification from other professions. These entities have their own rules of professional ethics and conduct that govern what we are...
View Article
Members

ABI Commission on Consumer Bankruptcy – Introduction

April 21, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Introduction In 2016, the American Bankruptcy Institute’s president, Eugene Wedoff, retired bankruptcy judge from the Northern District of Illinois, proposed to the ABI Board that a commission be established to examine the current status of consumer bankruptcy laws, rules, and cases with the goal of its making general suggestions...
View Article
Members
Copy of Hildebrand-2016

Critical Case Comment–Tardy Filed Stay Extension: Too Bad Too Sad

January 7, 2024
Court lacks authority to extend stay in a case with a one-time repeat filer within a year of the previous case especially where the matter is tardily raised.
View Article
Members

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

July 14, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...
View Article
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:

Attorney
Trustee
Non-Profit
Government