Reaffirmation, Redemption and Surrender of Personal Property vs. “Ride Through” In Chapter 7 Cases

Reaffirmation, Redemption and Surrender of Personal Property vs. “Ride Through” In Chapter 7 Cases – Part III of III

By James F. Molleur, Esq., Molleur Law Office, Biddeford, Maine click here for Part I, click here for Part II
(Republished with permission. Originally published at the Thirty-Ninth Annual Southeastern Bankruptcy Law Institute, March 21, 2013, Atlanta, Georgia)

When Must the Reaffirmation Agreement be Filed?

Bankruptcy Rule 4008 sets forth the applicable time periods for filing reaffirmation agreements . . .

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Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions

March 10, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART III: The Lower Courts Struggle with Arbitration Guidelines Introduction Click here for Part I Click here for Part II

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Impact of the Repeal of Cares Act Chapter 13 Plan Modifications: Is It a Death Knell for Cases Beyond 60 Months?

Michael B. Joseph

January 8, 2023

Under the CARES Act 11 USC § 1329 was amended to include a temporary provision that permitted confirmed chapter 13 plans to extend the plan term to up to 84 months. To do so, debtors were required to show they were affected by COVID, § 1329(d).i The maximum term under 11 USC §1329(c) has always been 60 months. Under the...

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Taxpayers with Expiring ITINs Should Renew Them Now

August 18, 2019

Taxpayers with expiring individual taxpayer identification numbers should renew their number ASAP. There are nearly 2 million ITINs set to expire at the end of 2019. Taxpayers with an expiring number should renew before the end of this year. This will help avoid unnecessary delays related to their tax refunds next year. ITINs are used by taxpayers required to file...

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

August 9, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction to this Series Current pandemic circumstances and economic conditions portend an onslaught of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in UCC Article 9. Here, we look at a couple of topics that touch on the interplay of Article...

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Small Business Reorganization Act

September 29, 2019

By The Honorable Hannah Blumenstiel Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t. We are building our library on this important legislation so it is available when YOU are ready for it. In this week’s installation, Judge Blumenstiel, analyzes the legislation. The first two and a half...

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Will Getting Home Mortgage Forbearance Save Your Client’s Home?

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...

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Money For Nothing

Pam Bassel

April 28, 2024

It is appropriate that the title of this article is based on the lyrics from Dire Straits’ biggest hit, since that is where many below-median debtors find themselves – in dire straits.

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Critical Case Comment – Time is of the Essence

Henry E. Hildebrand, III

May 21, 2023

Chapter 13 plan cannot be modified to treat a priority claim as general unsecured after the time for reconsideration of the order has passed. (Easterbrook) Matter of Terrell, 39 F.4th 888 (7th Cir. July 12, 2022) Case Summary The Terrells’ Chapter 13 plan proposed a classification to pay the State of Wisconsin in full as a priority claim because, they...

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Chapter 13 Discharge Expanded by COVID Relief Legislation

January 3, 2021

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) Chapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated Appropriations Act of 2021, signed December 27, 2020 by the president. Debtors may get a full -compliance discharge of dischargeable debts if they have a residential mortgage and have not made all the payments required...

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Bridging Relationships: Everyone Benefits

The NACTT Emeritus Trustees

June 11, 2023

Chapter 13 Trustees occupy unique positions. Every day they work with the courts, clerks’ offices, debtors, creditors, and their attorneys, and the Office of the United States Trustees. Within ethical bounds, it is important that Chapter 13 trustees build and maintain relationships with each of these constituents. Civility, professionalism, and trust are the mainstays for all of these interactions. We...

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