Displaying Journal Articles for Author Timothy D. Moratzka

To enable a fresh start, debtors often seek to avoid judicial liens that impair a claimed homestead exemption. With adjustable-rate mortgages, rising credit costs and increasing delinquencies, there is likely to be more activity in this mot…

In the uninformed rush by Congress to prevent bankruptcy abuse, §1325(a) of the Bankruptcy Code was amended by BAPCPA 1 to include a hanging paragraph at the end of §1325(a)(9). This insertion, which refers back to §1325(a)(5), states the f…

The "good faith" of a chapter 13 debtor will now be subject to examination at two different instances in the confirmation process. 11 U.S.C. §1325 (a)(3) requires that the court find that "the plan has been proposed in good faith and not by…

The provisions of 11 U.S.C. §1327(a) clearly state: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected t…

It is often said that variety is the spice of life. Well, it may be that there is too much spice in the judicial recipe for the debtor's redemption of an automobile pursuant to §722 of the Code. Statutory interpretation by the U.S. Bankrupt…

Pursuant to §1329 of the Bankruptcy Code, after confirmation but prior to final payment, a chapter 13 plan may be modified at the request of the debtor, the trustee or the holder of an allowed unsecured claim. The modification may increase …

Actions on the eve of bankruptcy will many times determine the availability of the fresh start: a new financial life free of debt with some exempt assets. Debtors push the envelope on exemption planning because the legislative history of th…

When can debtors avoid judicial liens impairing their bankruptcy exemptions in a homestead? Does state law have an effect? Does it make a difference when the debtor acquired an interest in the property? These and other questions were thorou…