Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix A

-

Link to Post:

Bankruptcy Courts Grapple with the “COVID-19 Discharge”

APPENDIX A

11 U.S.C. § 1328
Discharge

(Text added by CAA, effective: December 27, 2020 and subject
to one-year sunset, appears in italics.)
(Mandatory and precatory directions to the court, critical to the statutory
analysis in In re Ritter, appears in bold.)

(a) Subject to subsection (d), as soon as practicable after completion by the debtor of all payments under the plan . . .

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

How to Present an Effective Summary Judgment Motion

August 23, 2020
By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...
View Article
Members
BuzzyStubbs

Passing of Beloved Former Trustee

September 29, 2024
It is with great sadness that we report the passing of Trawick "Buzzy" Hamilton Stubbs Jr. on September 25th.
View Article
Copy of Hildebrand-2016

SSI, SSA and Violation of the Stay

August 3, 2025
It is a violation of the stay for the Social Security Administration to retain a debtor’s retirement social security benefits and apply them to an obligation for fraudulent receipt of SSI benefits.
View Article
Members

Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?

November 1, 2020
From their spring edition of The Quarterly our friends at NACTT have shared a timely piece from creditor attorney Thomas Humphries. _____________________ Thomas Humphries is an attorney with the firm of Sirote & Permutt, PC in Birmingham Alabama. Thomas represents the mortgage banking industry and various creditors in bankruptcy proceedings throughout the State of Alabama. Thomas’s practice includes the defense...
View Article
Members
NBR cropped 2

Ask Ms. Ps & Qs

November 12, 2023
Cathy Moran’s article Bankruptcy Lawyer Must Have Otherworldly Powers raised an interesting issue: what should a lawyer do when a client calls and says, “what the heck IS this [notice, letter, order, whatever] that I just got?” Professor Rapoport’s take on this issue is not at all what you would expect. She puts the responsibility squarely on . . .
View Article
Members

From the Editor

March 31, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Lien Modification - Modification of mortgage on mixed-use property. Reviewing the split of authority on whether a Chapter 13 debtor may modify a mortgage on property used for both business and residential purposes and when the use determination is made, the bankruptcy court adopted the filing date as the appropriate time...
View Article
Members

6 Steps to Ethical Unbundling of Bankruptcy Representation

March 21, 2021
By Cathy Moran, Esq. (Redwood City, CA) No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, the bankruptcy attorney was slammed for unbundling his services. The representation agreement at issue excluded representation in any adversary proceeding filed, as do most such agreements, I imagine. The client initialed every paragraph of the 19-paged representation agreement,...
View Article
Members
moran_cathy

More Questions (and Maybe Answers) from the Means Test Expenses Webinar

April 28, 2024
The Academy’s webinar on the expense side of the means test produced more questions than time allowed to answer. Here are a few more answers (or admonitions).
View Article
Members
Consumer Bankruptcy Education

2nd Circuit Joins Bandwagon

May 11, 2025
On May 9th, the 2nd Circuit issued an opinion in Soussis v. Macco joining other Circuits holding that the Bankruptcy Code does not permit a Chapter 13 Trustee to retain the percentage fees collected on payments that a chapter 13 debtor made pre-confirmation in accordance with 26 U.S.C. §586 but, upon dismissal prior to confirmation of the plan, is obligated to return the fee to the debtor, as required by § 1326.
View Article

Forced Vesting by Any Other Name – Just Might Work

August 4, 2019
By Academy Staff Those who have been around consumer bankruptcy for a while remember the halcyon days when a Debtor surrendered property in the Plan; Plan was confirmed; lender would foreclosure and file its deficiency claim; Debtor would complete the Plan; and obtain a discharge of all unsecured debts including the deficiency balance. Lenders were able to realize on the...
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