Making Sense of the Cause Requirement for Plan Payment Period Extensions Under 11 U.S.C. § 1322(d) – Part 2 of 2

This is the first in a series of resources intended to simplify and facilitate the search for and application of certain bankruptcy rules relevant to chapter 13 practice. This article will look at four fundamental rules relating to general motion practice: Rules 9013, 9006, 9007, and 9014.

Pro se Chapter 13 debtor’s case would be dismissed with a bar on refiling even though debtor was current on her confirmed plan payments due to her abuse of the bankruptcy process, including litigious but pointless pleadings, and continuing effort to relitigate matters already decided by the court.

In Marshall v Johnson, 2004 WL 1953490 (7th Cir. May 3, 2024), the Seventh Circuit agreed with the holdings from the Ninth and Tenth Circuits, In re Doll, 57 F.4th 1129 (10th Cir. 2023), and In re Evans, 69 F.4th 1101 (9th Cir. 2023). Under these decisions, Chapter 13 trustees may not retain fees when the case is dismissed prior to confirmation.

“In evaluating lien avoidance, we often default to the most common scenario: a first mortgage, perhaps a second mortgage, and the debtor’s homestead exemption. The question then becomes, is the total of these obligations more than the value of the property? If so, the judicial liens are avoided. If not, the judicial liens are either partially avoidable or fully secured.But that’s not quite how it works.” What a treat!!!! With no tricks. Judge Gustafson and Law Clerk Omshehe bring subscribers an in-depth look at the sexy topic of stripping.

Seventh Circuit Announces the Appointment of Michael B. Slade to the U.S. Bankruptcy Court for the Northern District of Illinois