Chapter 13 in the Bankruptcy Code (1978 as amended) marks the first time that virtually all secured debts can be somewhat altered in a bankruptcy without getting the specific agreement of security holders.  Real benefit is provided to the debtors who have personal property with secured loans due.  Concepts including the automatic stay preventing enforcement or perfection of a security holder’s rights, turnover of personal property from a secured creditor, and lien avoidance are all basic bankruptcy rights helping Debtors in Chapter 13 that did not exist before in bankruptcy.  This outline explains the balance . . .

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

Or Sign In Below:

Dennis_Levine_2
Partner of Brock & Scott, PLLC

Dennis LeVine, a native of Tampa, is a Managing Partner in the firm. He focuses his statewide practice on bankruptcy litigation and creditors’ rights. Dennis is one of only seven attorneys in Florida to be Board Certified in both consumer bankruptcy law and business bankruptcy law by the American Board of Certification (ABC). He is also rated AV Preeminent by Martindale-Hubbell, the highest rating a lawyer can receive, which indicates a demonstration of the highest professional and ethical standards.

Prior to joining the firm, Dennis managed and operated his own firm for 19 years, representing creditors in all Bankruptcy Courts as well as creditors in commercial and consumer collections actions throughout the State of Florida.

Dennis received his undergraduate degree from Tulane University where he graduated cum laude. He then went on to earn his Juris Doctor from George Washington University’s National Law Center.

Dennis is licensed to practice in the federal courts in the Northern, Middle and Southern Districts of Florida.

watton
Senior Partner at Watton Law Group, S.C.

Michael J. Watton, Esq. is the senior partner at Watton Law Group, S.C. He is admitted to practice in Wisconsin, Missouri, Colorado, Utah, Florida, Ohio, New York, Virginia, Arkansas, Kansas, and Arizona. Watton Law Group has six (6) offices in the United States and focuses on helping and protecting consumer debtors in bankruptcy.

Mr. Watton received his undergraduate degree in finance from the University of Florida (1987) and his earned his law degree at the Duke University School of Law (1990). He is AV rated by Martindale Hubbell.  He is admitted to practice in federal courts in the Eastern and Western Districts of Wisconsin, Eastern and Western Districts of Missouri, the District of Kansas, the Southern District Illinois, the District of Colorado, the District of Utah, the District of Arizona, the Eastern and Western Districts of Arkansas, the Eastern District of Virginia and the United States 7th, 8th, and 10thCircuit Courts of Appeals.

Mr. Watton has been married for over 30 years and has three driven, successful children.

Headshot-3-PSB
Co-chair of the Inclusion and Acceptance Committee

Pamela Simmons-Beasley received her BA from Emory University in Atlanta, Georgia and her law degree from the University of South Carolina. Before accepting appointment as a Standing Chapter 13 Bankruptcy Trustee in January, 2016 for the District of South Carolina, she practiced primarily in the field of consumer bankruptcy law for 21 years. She is a member of the SC Bar, SC Bankruptcy Law Association (SCBLA), and the J. Bratton Davis Inn of Court.She is a past president of the SCBLA and recipient of the William E. S. Robinson Public Service Award of the SCBLA. This award was given in recognition of her volunteerism with the CARE Program,which is a national initiative of the U.S. Bankruptcy Court designed to provide education to high school and college students on the consequences of consumer credit abuse through on-site presentations. Since joining NACTT, she has served on the ACH/EFT Committee and co-chaired the Auto Creditors’ Committee. She currently serves as co-chair of the Inclusion and Acceptance Committee.

Related Articles

districtsc
May 28, 2023
Retirement of Judge David Robert Duncan
Copy of Hildebrand-2016
August 27, 2023
A creditor having received relief from the automatic stay prior to confirmation of the debtor’s plan is nonetheless bound by the terms of the plan, once confirmed.
Members
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,...
Members
October 27, 2019
By The Honorable William Houston Brown (Retired) Debtor could cure default beyond 60 months. Agreeing with In re Klaas, 858 F.3d 820 (3d Cir. 2017), bankruptcy court had discretion to permit debtors to cure plan default, allowing a reasonable grace period beyond the 60 months of confirmed plan. Dismissal of the case for plan default was not required under §...
Members
March 8, 2020
By The Honorable William Houston Brown (Retired) Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder,...
Members
moran_cathy
June 30, 2024
“The client now claims that my words were a license to fail to disclose the gifts. Huh?”
Members
ahern_larry_regular
February 5, 2023
Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.
Members
February 3, 2019
By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3
Members
August 18, 2019
By Cathy Moran, Esq. (Redwood City, CA) My Google Alert popped up a lovely win for a Chapter 13 homeowner, but all I could see was the train wreck that lies ahead. The bankruptcy court ruled that the confirmed (and completed) plan trumped a late-filed mortgage proof of claim. Payment of the amount provided in the plan cured the prepetition...
Members
June 13, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same...
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: