Should you let a sleeping dog lie? Chapter 13 plans, once confirmed, can be modified. However, modification triggers a re-examination of the debtor's affairs, including his or her income and assets. Absent a modification of a chapter 13 pla…

While the National Bankruptcy Review Commission (NBRC) is considering wholesale changes to reaffirmation procedures, including what debts can be reaffirmed, [1] it is imperative that Congress resolve a split among the circuits over the issu…

For a number of years, bankruptcy courts have been wrestling with the issue of the status of a debtor's chapter 13 estate once a plan of reorganization has been confirmed. Not surprisingly, the resolution of this issue works a significant i…

Defendant Knowledge No Substitute for Service of Complaint Rule 4(m) of the Federal Rules of Civil Procedure requires dismissal without prejudice or service by a date specific unless a summons and complaint is served within 120 days of the …