What the FICO? Reaffirming Doesn’t Help My Credit Score?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)

Reaffirmation hearings during the pandemic have been difficult, at least for me. The economic risks for debtors are greater. There are uncertainties about the availability of credit, and the availability of suitable vehicles. Prices of used cars have gone up – with stimulus money pushing up the demand for used cars, and a chip shortage making new cars scarce – this also means that the values of the vehicles securing the loans being reaffirmed on may have also gone up.

But the fact that the . . .

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Minding the Post-Confirmation Gate: Creditors Gotta’ Get It Right the First Time

Henry E. Hildebrand, III

June 16, 2024

Although it is easy for a consumer practitioner to skim over decisions relating to Chapter 11, occasionally, a Chapter 11 decision requires attention. This is particularly true when the decision is issued by a Circuit Court of Appeals. Here, compelling circumstances must be demonstrated to justify a post-confirmation amendment to a proof of claim.

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part IV

Lawrence R. Ahern, III

October 4, 2020

2020 portends a flood of bankruptcy filings. In the consumer bankruptcies, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at topics involving the interplay of Article 9 and the Bankruptcy Code, and in this new series, we began reviewing Article 9's important rules related to consumer transactions.

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A Day in the Life of a Chapter 13 Trustee

May 12, 2019

By Margaret A. Burks, Esq., Chapter 13 Trustee (Cincinnati, OH) I was recently asked to expound on a “Day in the Life of a Chapter 13 Trustee.” Then Regina (Logsdon, Executive Director of ConsiderChapter13.org) asked me to write an article for the Academy. I believe in fate so here goes. Please see ‘Effective Communication Guide.’ It came out about four...

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From the Editor

September 27, 2020

By The Honorable William Houston Brown (Retired) Debtors’ attorney fees not authorized under Equal Access to Justice Act (EAJA). Although the Chapter 13 debtors had prevailed before the Ninth Circuit, In re Sisk, 962 F.3d 1133 (9th Cir. 2020), their application for attorney fees as prevailing parties under EAJA was denied. That Act did not authorize awards of attorney fees...

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The Guaranty That Got Away from the SBA

Henry E. Hildebrand, III

September 21, 2025

A substantial SBA guaranty is contingent and not counted toward the debt limits when the principal obligor of the SBA loan is current on payments. AND upon discharge the guaranty goes away – neat trick.

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From the Editor – Claims

June 21, 2020

By The Honorable William Houston Brown (Retired) Objection to proof of claim barred by preclusion. The Chapter 13 debtor objected to Wells Fargo’s proof of claim in an adversary proceeding that alleged the note had been procured by fraud and was unenforceable; but the debtor had previously litigated those and other issues in the state court. Preclusive effect of the...

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Practice Pointers for Arguing Motions

December 6, 2020

By William Sawyer, Chief U.S. Bankruptcy Judge for the Middle District of Alabama (Montgomery) (Used with permission. Court News and Views, Volume 18, October 2020) Lawyers who practice regularly in bankruptcy court invariably make many appearances at motion dockets. This article provides practice pointers to lawyers who do not practice often in this Court to familiarize them with our procedures...

Critical Case Comment– Reverse Mortgage May be Modified

Henry E. Hildebrand, III

May 22, 2022

A reverse mortgage, having fallen due as a result of the death of the borrower, is not protected from modification by the borrower’s heirs by virtue of § 1322(c)(2). (Halfenger) In re Sandoval, 2022 WL 982182 (Bankr. E.D. Wis. March 31, 2022) Case Summary Juan Sandoval filed Chapter 13 and proposed a plan which dealt with his principal asset, a...

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The Clash Between § 101(5)’s Inclusiveness and Chapter 13’s Procedural Barriers

Daryl J. Smith

October 19, 2025

This article explores how procedural precision often trumps substantive entitlement — and why vigilance is key to protecting valid claims.

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A Practical Approach to Using Bankruptcy Rules Effectively – Part 4

Beverly M. Burden

March 2, 2025

As of December 1, 2024, an adversary is no longer required to recover a car repossessed prepetition or is otherwise being held by a third party. Rule 7001(a) now excludes from the definition of an adversary “a proceeding by an individual debtor to recover tangible personal property under § 542(a).”

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What the FICO? Reaffirming Doesn’t Help My Credit Score?

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Related Articles

Minding the Post-Confirmation Gate: Creditors Gotta’ Get It Right the First Time

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part IV

A Day in the Life of a Chapter 13 Trustee

From the Editor

The Guaranty That Got Away from the SBA

From the Editor – Claims

Practice Pointers for Arguing Motions

Critical Case Comment– Reverse Mortgage May be Modified

The Clash Between § 101(5)’s Inclusiveness and Chapter 13’s Procedural Barriers

A Practical Approach to Using Bankruptcy Rules Effectively – Part 4

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