In re Osborn, BK11-41944-TJM, 2012 WL 246301, at *5 (Bankr. D. Neb. Jan. 26, 2012) (Mahoney)

Providing inaccurate expense information so that schedules would show reduced disposable income was bad faith, but case not dismissed because debtor would then be imprisoned for failure to pay support. “Ms. Eads is not interested in having [the debtor’s] case dismissed so that he can be sent to jail for failing to obey the state court order. She is interested in receiving payments that he is obligated to pay. The best way to assure him that he is not going to jail and to assure her that she will receive the payments is to let him remain in Chapter 13 and file an amended plan that reflects the truth on the amended schedules and provides for payment of his divorce decree obligations.”

No Author Biography has been linked to this Article.

Related Articles

June 9, 2019
By Nicholas Miller, Third-Year Student, University of Texas School of Law, and Madison Haueisen, Second-Year Student, University of Texas School of Law The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution...
Members
April 19, 2020
By Cathy Moran, Esq. (Redwood City, CA) Mortgage forbearance for homeowners, shout the headlines. No need to make a house payment. Borrowers who can’t make this month’s mortgage payment were thrown a lifeline of sorts in the coronavirus rescue package. Only it’s probably not the help they think it is. And the lifeline may be far more fragile than they...
Members
Headshot
October 8, 2023
David A. Mawhinney is the Chapter 13 Standing Trustee for the Central and Western Divisions of Massachusetts and a Subchapter V Trustee for Region One. He replaced Denise M. Pappalardo upon her retirement which was effective December 24, 2022. David is a 2002 graduate of Boston College and received his J.D. from Boston College Law School in 2011. When David started...
February 21, 2021
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Academy has focused at length on the Small Business Reorganization Act of 2019 (SBRA).1 SBRA deals on its face with a non-consumer topic, but it is of interest also to Chapter 12 and 13 trustees and debtors, creating a new, more debtor-friendly subchapter V of Chapter 11 for...
Members
M Joseph Photo 2-1-22
March 10, 2024
“ . . . practice and procedure accomplishing the lien strip have been slow to evolve since 2017. . . . in the jurisdictions that opted out of usage of the Form 113 Plan, multiple iterations for lien stripping and release are found.”
Members
Screenshot
April 28, 2024
“Although exemptions are meant to be interpreted liberally; this issue may become increasingly complex with the rise of remote work such as traveling nurses.”
Members
moran_cathy
March 3, 2024
The skills of a consumer bankruptcy lawyer must include a healthy dose of the skillset of a teacher. More on listening/communicating with Clients: Who Is Stupid Here? Why Listening Is a Bankruptcy Lawyer’s Superpower
Members
kevinanderson
February 18, 2024
With facts and graphs, Judge Anderson discusses lowest filing levels since ’85, the impact of filings on judgeships, weighted caseloads, judicial vacancies, and recall judges.
Members
travera
When Does The Bankruptcy Code Require The Payment Of Interest On Unsecured Claims In Chapter 13? I. Introduction This article primarily discusses the interpretation and application of § 1325(b)(1)(A) of the Bankruptcy Code in relation to the payment of interest to general unsecured creditors in chapter 13 bankruptcy cases. Section 1325(b)(1)(A) generally states that a court may not approve a chapter...
Members
October 17, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) While in personam liability of a junior mortgage on the debtor’s residence is discharged by a Chapter 7, the lien survives and constitutes an allowed unsecured claim in the debtor’s subsequent Chapter 13 case. In re Hopper, 2021 WL 3435445 (Bankr. E.D. N.Y. Aug....
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: