Homesteads in New York State: Don’t Put the Cart Before the Horse

“Debtors seek to preserve their homestead, and sometimes additional property that is not their home.”

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Robert G. Drummond

Chapter 13 Standing Trustee for the District of Montana

Robert G. Drummond has been the only standing Chapter 13 Trustee for the District of Montana since 1992. Mr. Drummond has been a member of the American Bankruptcy Institute since 1987, and a member of the National Association of Chapter 13 Trustees since 1992. He is a past President of the National Association of Chapter 13 Trustees and has twice chaired the Montana Bankruptcy Section. He has published numerous articles dealing with Chapter 13 bankruptcy in several national publications. He is the publisher of the Montana Bankruptcy Reporter located at www.montanabankruptcyreporter.com.

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Where a Chapter 13 plan treats a claim as secured only by the debtor’s mobile home under § 506 and not real property, the effect of a notice of fees, costs and charges is irrelevant. (Coleman) In re White, 2022 WL 2826531 (Bankr. S.D. Ga. July 19, 2022) Case Summary Shalonda White filed a Chapter 13 petition in July of...

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By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo III. Applying the Hanging Paragraph a. Application of the Hanging Paragraph – Timing of Debt In order for the hanging paragraph to apply, the debt must be secured by a purchase money security interest (“PMSI”) in either: 1) a motor vehicle...

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When a person sells goods for the account of the owner and thereafter does not pay the owner, is the debt discharged under the bankruptcy law at the time? Yep.

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The Academy

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UPDATE-PUBLIC NOTICE: Multifactor Authentication and Updated Password Standards for PACER and CM/ECF Starting mid-May, the Administrative Office of the U.S. Courts (AO) began enforcing several security features for PACER which included multifactor authentication (MFA) and updated password standards. However, since implementing these security features, PACER Service Center (PSC) has experienced extremely long call wait times due to the enforcement of these...

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Debtor’s filing application to extend or impose the automatic stay must comply with the service requirements of Rule 7004 as to all creditors or the stay cannot be imposed or extended. (Johnson) In re Hardy, 2022 WL 1196963 (C.D. Cal. April 21, 2022) Case Summary Kimberly Hardy had a long history in consumer bankruptcy. She had filed eight cases, including...

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Creditor holding a reverse mortgage with a lien against property in which the debtor/heir resides holds a claim allowable in the debtor’s Chapter 13 case notwithstanding a lack of any personal liability.

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Does § 523(a)(15) include claims by a spouse against the other spouse for fraud etc, i.e., §§ 523(a)(2), (4) and (6), in a chapter 7 case?

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“. . . the law is so clear that of course it's not allowed. However, some courts have twisted themselves into pretzels to create a creditor right to postpetition unmatured interest.” The article explores this not so simple issue by examining relevant sections of the Bankruptcy Code and case law from various circuit courts.

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Judicial Year in Review 2021: Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure

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Part 6: Rule 9024 (Relief from a Judgment or Order) Mistakes are often made, even by bankruptcy judges. Bankruptcy Rule 9024, by incorporating Civil Rule 60 into bankruptcy cases, allows a bankruptcy court to correct mistakes either on their own sua sponte or at the request of a party. In requesting such relief, parties must be aware of the grounds in...

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Homesteads in New York State: Don’t Put the Cart Before the Horse

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Robert G. Drummond

Chapter 13 Standing Trustee for the District of Montana

Related Articles

Critical Case Comment – Watch for Opportunities to Bifurcate Home Mortgage Claims

The Hanging Paragraph – Hanging on Every Word Part 2 of 4

Chapman v. Forsyth & Limerick, 43 U.S. 202 (1844)

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