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January 19, 2020
By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 of 3 Click here for Part 2 of 3 C. Challenges unique to older debtors. Mobility/hearing attendance requirements. Attendance at 341 hearing. Section 343 Examination of the debtor clearly indicates that the debtor shall appear and . . . It looks like you are not signed...
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Copy of Hildebrand-2016
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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January 21, 2019
By Jan M. Sensenich, Chapter 13 Standing Trustee for the District of Vermont As we reach the end of the first month of the partial government shutdown, with no end in sight, 800,000 federal workers have started missing their paychecks. As the shutdown continues, Chapter 13 trustees are weighing how best to address the inevitable question from federal government employee...
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December 22, 2019
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part VII Introduction This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), will be effective February 19, 2020. It appears in its entirety in Appendix B to...
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February 17, 2019
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART II: More Supreme Court Action on Arbitration Introduction Click here for Part I Click here for Part III Click here for Part IV What is the effect of an . . . It looks like you are not signed in or registered! This content is only available to members....
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July 14, 2019
By Beverly M. Burden, Standing Chapter 13 Trustee (Lexington, KY) An unscheduled creditor without notice of the bankruptcy case was denied an extension of time to file a proof of claim pursuant to Bankruptcy Rule 3002(c)(6)(A) in a recent opinion from the Eastern District of Kentucky. In the case of In re Fryman,1 the debtor did not include creditor Kentucky...
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March 15, 2020
By Professor Nancy Rapoport, University of Nevada Dear Readers: The marvelous, indefatigable Regina Logsdon just forwarded me this hypothetical: Post-confirmation, debtor/client gets upset with attorney. Let’s assume for this scenario that the attorney hasn’t done anything wrong – perhaps just a difference of opinion on a plan modification (or not). Debtor/client says ugly things to attorney – name-calling, etc. THEN...
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January 31, 2021
By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...
JamesDavis
June 4, 2023
Can a debtor provide for a non-debtor’s loan under § 1322(b)(5) even if the plan does not address a non-monetary default on the claim? In re Lazaro suggests the answer may be “yes.” In that case, the Court held not only that the Debtor’s plan could provide to cure a monetary default on a loan taken out by the Debtor’s...
Members
November 3, 2019
Kristina Stanger is an attorney and shareholder at Iowa’s Nyemaster Goode, P.C. She is also a combat-experienced Lieutenant Colonel in the Iowa Army National Guard. She is currently one of Iowa’s highest ranking females and is the Chief of Plans and Operations for the Iowa Army National Guard. Jessica Hopton Youngberg is Senior Staff Attorney for Veterans Legal Services in...

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