Vesting and Property of the Estate

By Karin M. Bruce, Attorney Representing Chapter 13 Trustee Jan P. Johnson (Sacramento, CA)

Pursuant to 11 U.S.C. §1327(b), confirmation of a plan vests all of the property of the estate in the debtor unless the plan or the order confirming plan states otherwise. Most jurisdictions use a model chapter 13 plan which includes a provision allowing the debtor to have property of the estate revest in the debtor at confirmation of the chapter 13 plan. The proposed national form plan also includes such a provision. Although the form merely provides a simple “check the . . .

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In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 3 of 3

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Kathleen A. Leavitt

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In re Lazaro: Non-Monetary Default and § 1322(b)(5)

James M. Davis

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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...

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New Fellows of American College of Bankruptcy

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By William H. Brown, Editor and Advisor, Academy for Consumer Bankruptcy Education, Inc. (d/b/a ConsiderChapter13.org) Members of the Academy and regular speakers at NACTT’s annual seminars were recently elected as Fellows of the American College of Bankruptcy, representing recognition by the College of the important contributions by those in the consumer bankruptcy system. Newly elected Fellows, who are to be...

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