Is 1328(i) Ultimately Terrible for Debtors?

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL)

The December 2020 Consolidated Appropriations Act, 2021, more commonly known as the second covid-19 stimulus bill, contains a few bankruptcy related provisions, but none stood out more with respect to Chapter 13 than the newly created § 1328(i). This provision provides that a court may grant a full 1328(a) discharge to debtors in certain circumstancesi (emphasis added). Cathy Moran, Judge Lundin and Hank Hildebrand have all discussed the potentially broad implications of this subsection – theorizing they may . . .

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

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By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) III. Providing for the Secured Mortgage Claim, as Modified. A. Does the requirement of § 1325(a)(5)(B)(iii) for equal monthly payments permit the Debtor to propose a balloon payment in the payment of the creditor’s claim? Equal Monthly Payments Required By § 1325(a)(5)(B)(iii) Does NOT Permit Debtor To Propose A Balloon Payment....

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Who is the person sitting at that workstation? Is it Noah Non-exempt? Is it Emma Exempt? Or, is it Connie Contractor? It is vital that I know who the person is sitting at that workstation. Do I have to pay the person sitting at that workstation overtime pay? Can I reduce the person’s pay for leaving an hour early? Do...

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On February 22, the Supreme Court issued its opinion in Bartenwerfer v. Buckley, 598 U.S. _____, 2023 WL 2023 WL 2144417 (Feb. 22, 2023), affirming the Ninth Circuit’s decision and resolving “confusion in the lower courts on the meaning of § 523(a)(2)(A).”1 Two Justices joined the opinion with the understanding that the Court was only addressing fraud in the context...

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Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

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By The Honorable William Houston Brown (Retired) This legislation includes several bankruptcy-related provisions, in addition to government funding and other COVID relief. Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under...

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Marie-Ann Greenberg

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Practice Point: Just because it is an unsecured claim does not mean that it should be ignored. Review all claims for inappropriate violations and disclosure of personal identifiers! Keep track of serial violators for possible use in future requests for contempt and sanctions. With all of the emphasis these days on transparency and the requirement for more and more information...

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