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
December 3, 2023
Debtor’s counsel should not be compensated for work undertaken on behalf of a debtor in order to correct errors.
Members
March 8, 2020
By The Honorable William Houston Brown (Retired) Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder,...
Members
October 25, 2020
By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Exactly whose interests does the trustee represent, and when should the trustee object or move to modify? Hope v. Acorn Financial, Inc., 731 F.3d 1189 (11th Cir. 2013). The Eleventh Circuit held that a chapter 13 trustee who was aware of defects with a secured claim before...
Members
moran_cathy
September 22, 2024
As lawyers, words are our stock in trade. Here, Cathy and Ed Boltz look at an explanation of the difference between preemption and preclusion.
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
William-1_print_2019
In bankruptcy cases, creditors are usually required to return payments made shortly before the debtor's filing. On Monday, in United States v. Miller, the justices considered whether this rule also applies to the IRS.
Members
Academy-emeritus-Logo-gold3
October 20, 2024
We asked our NACTT Emeritus Trustees to comment on the troublesome trend of fewer chapter 13 case filings. Years of experience provides helpful insight for trustees and consumer bankruptcy attorneys.
Members
moran_cathy
October 30, 2022
Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we, as a society, squander the chance to use Chapter 13 to teach new budgeting...
Members
Merideth Akers
February 13, 2022
Bowl games… playoff games… championship games… Super Bowls. We start each New Year with a football craze. So what organizational lessons can we learn from football… other than do not spike the ball on fourth down to stop the clock? First, football is played as a team. Highly functioning teams win championships, while dysfunctional teams lose games and the coach...
Members
Copy of Hildebrand-2016
July 14, 2024
These cases are of specific interest to creditors but debtor attorneys and trustees also should be aware. Chapter 7 debtor bears the burden of proof of demonstrating eligibility in order to convert to Chapter 13; such proof requires them to demonstrate that they have regular income adequate to fund a Chapter 13 plan. AND . . . Chapter 13 plan fails to satisfy the eligibility requirements if it depends upon gifts or loans to be feasible.
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: