Paying the Car Loan Directly vs. Through the Plan: Till Debt Us do Part?

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville)

In a recent case out of the Sixth Circuit, the Appeals Court heard an appeal by the Chapter 13 Trustee concerning direct payments by the debtor on a car loan and the applicable interest rate. The case is In re Chambers, 6th Circuit, # 20-1376, Appeal from the E.D. of Michigan, 2021 WL 100566, decided 1/12/21, opinion by Judge Chad Readler.

The debtor owed $13,000 to Dort Federal Credit Union (“DFCU”) on a car loan. The confirmed plan . . .

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The Bankruptcy Moot Court Experience – Duberstein 2019

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In a recent opinion, the 9th Circuit BAP affirmed a bankruptcy judge’s decision that sanctions order by a state court were nondischargeable under § 523(a)(6)i and that the state court proceeding precluded litigating the issue in bankruptcy.ii The sanctions originate from a California doctor’s defamation suit against two former patients. The Doctor initiated the action against two women who wrote...

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it. Quicken...

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

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By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) Chapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated Appropriations Act of 2021, signed December 27, 2020 by the president. Debtors may get a full -compliance discharge of dischargeable debts if they have a residential mortgage and have not made all the payments required...

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction Following Part 1's review of the December 1, 2021, changes in the Federal Rules of Bankruptcy Procedure, this Part 2 presents a digest of selected judicial decisions of interest for their procedural import arising under Parts I-III of the Federal Rules of Bankruptcy Procedure. Digest of Selected Judicial Decisions

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Critical Case Comment – Ignoring 3002.1 Will Cost You

Henry E. Hildebrand, III

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