A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b) – Part 1Strategies in Modification of Residential Mortgages

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

Introduction

The primary purpose of this two-part paper is to explore recent legislation that makes it easier for some individuals to modify the terms of their residential mortgages, especially if they are farmers or small business owners. The emphasis is on the Small Business Reorganization Act of 2019 (SBRA).1 A few recent caselaw developments in the area will also be covered. Part 1 suggests a few considerations . . .

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.

A Survey of Key Appellate Decisions on Projected Disposable Income

James M. Davis

January 18, 2026

In preparation for our upcoming** webinar addressing means test conundrums, Attorney Davis brings readers a foundation of appellate decisions. **Save the Date: February 18th 2:00 Eastern

Members

“Jan Hamilton” – Need We Say More?

Teresa L. Arnold

September 25, 2022

Just prior to a confirmation docket in September of 2006, a local creditor attorney asked me if I would be interested in coming to work at his firm. The chapter 13 trustee was in the room and could not help but overhear. After the docket that trustee asked me if I was looking for a job. I wasn’t . ....

Meet a New Trustee

The Academy

February 4, 2024

Daryl J. Smith, Esq., was appointed as the Chapter 13 Standing Trustee for the Western District of Louisiana on October 1, 2023. Smith’s office is in Shreveport, Louisiana.

Members

Ask Ms. Ps & Qs

September 27, 2020

By Professor Nancy Rapoport Dear Readers: The Academy staff has raised an important issue: Given the mental health issues associated with the pandemic, what should someone do when he or she sees a colleague lawyer in distress? Before we get to the ethics implications, let’s talk about the mental health issue itself. When people are under great stress, they try...

Members

Critical Case Comment – 3002.1 and Reverse Mortgages

Henry E. Hildebrand, III

January 23, 2022

Requirements and remedies in Rule 3002.1 apply to reverse mortgages as well as conventional mortgages; while discharge of Chapter 13 plan does not discharge a mortgage obligation treated pursuant to § 1325(b)(5), the court may prohibit prospective use of a nondisclosed obligation as grounds for a default. (Waites) In re Legare-Doctor, 2021 WL 5712149 (Bankr. D. S.C. Dec. 1, 2021)...

Members

Department of Justice Guidance on Discharging Federal Student Loans in Bankruptcy Expanded to Include FFEL and Perkins Loans

Scott Waterman, Josh Cohen

October 29, 2023

“FFEL and Perkins loans are different than other federally backed student loans as these are owned by private lenders, but guaranteed by the government.”

In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).

The Honorable William Houston Brown

October 29, 2023

The Fourth Circuit Court of Appeals held that a plan proposal to create an asbestos trust through Chapter 11 bankruptcy was “insurance neutral,” and the debtor’s insurer was not a party in interest under Code § 1109(b), which contains a noncomprehensive list of parties in interest to a Chapter 11 case. Whether the insurer was a party in interest determined whether...

From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Dismissal with 180-day bar affirmed. The debtors had filed eight Chapter 13 cases over eight years, with each dismissed, and in 2019 the spouses filed three more cases. A mortgage creditor moved for relief from the automatic stay and dismissal in each of the cases. The cases were dismissed with a 180-day bar...

Members

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 4 of 5

August 4, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 Click here for Part 2

Members

Critical Case Comment–Who is Responsible to Address Eligibility Questions?

April 3, 2022

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) Bankruptcy Court is under an obligation to examine the eligibility of a debtor to file Chapter 13 even where no party raises a timely, written objection. (Seibel) Preuss v. Perry (In re Perry), 7:20-cv-04617-CS (S.D. N.Y., Sept. 21, 2021) Case Summary Bruce Perry filed...

Members

A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b) – Part 1Strategies in Modification of Residential Mortgages

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

A Survey of Key Appellate Decisions on Projected Disposable Income

“Jan Hamilton” – Need We Say More?

Meet a New Trustee

Ask Ms. Ps & Qs

Critical Case Comment – 3002.1 and Reverse Mortgages

Department of Justice Guidance on Discharging Federal Student Loans in Bankruptcy Expanded to Include FFEL and Perkins Loans

In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).

From the Editor – Dismissal

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 4 of 5

Critical Case Comment–Who is Responsible to Address Eligibility Questions?

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: