Practice Tips from Hon. Meredith Jury (Ret.)

(Published with the consent of the Central District Consumer Bankruptcy Attorneys Assn Newsletter, October 2021)
By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Encino, CA)

Question from old bankruptcy lawyer:

Judge Jury, chapters 13s are such a huge amount of work. Do you have any pointers on avoiding common mistakes?

Response from Judge Jury:

Of course! I will focus on some of the most common mistakes that I recall seeing with a short comment on how to avoid. In no particular order of frequency, other than number one overwhelms all others.

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Consider the following Christmas miracle: Bob Cratchit has a long-term mortgage with Scrooge & Marley Bank. Bob Cratchit dies and there is a default on the mortgage. The mortgaged residence then passes to his son, Tiny Tim, by operation of law. Tiny Tim files for chapter 13 and includes the defaulted mortgage with Scrooge & Marley Bank in his plan. Scrooge & Marley Bank argues it has no claim against Tiny Tim because privity of contract is lacking, and Scrooge & Marley Bank therefore has no debtor-creditor relationship with Tiny Tim. How might the court rule?

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Practice Tips from Hon. Meredith Jury (Ret.)

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Related Articles

Critical Case Comment – Pro Se Debtor Sanctioned

From the Editor

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Critical Case Comment – Five Theories of Post-Confirmation Property Treatment

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