Member Articles

Eighth Circuit, like the Ninth, has ruled that when Chapter 13 cases are converted to Chapter 7, any increase in a debtor's home value beyond exemptions and liens becomes part of the Chapter 7 estate. See also: Critical Case Comment – Post-Petition/Pre-Conversion Equity

“. . . 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.

Bankruptcy Court in Texas awards sanctions of $825,940.55 for bad faith filing and prosecution of a proof of claim. (Yes it’s an 11 but still, $825k!)

“The problem in the past for student loan borrowers in bankruptcy has been that hardship discharge litigation has been complex, expensive and arbitrary. . . . The new guidance has simplified the process.”

“In response to Cathy Moran’s article from last week: Tracking Down the Illusive Mortgage Interest Deduction, I have a few questions to raise-“

“ . . . 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.”

Are your clients curing mortgage arrears through their Chapter 13 plan? If so, I’m convinced a mortgage interest tax deduction lurks, unclaimed, in the trustee’s records.

Punitive damages can be awarded for a violation of Rule 3002.1 even where there are no compensatory damages, other than attorney’s fees.

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

This is a potential BIGGIE . . . Where a Chapter 13 debtor incurs one relatively small expense covered by the IRS Local Standards, the debtor is entitled to deduct from CMI the entire allowance to calculate Projected Disposable Income.