Two BAPs Now Uphold Sanctions Alongside Voluntary Dismissals Under Section 1307(b)
The Tenth Circuit BAP holds that dismissal is not automatic and immediate when a chapter 13 debtor moves to dismiss voluntarily under Section 1307(b).
No Loopholes in Section 362(b)(21) Allowing Foreclosure Against an Ineligible Debtor
Even if a debtor is ineligible to file again under Section 109(g), another filing does create a stay, but it’s not applicable to enforcement of a lien against real property.
Four Circuits Align: Section 1322(c)(2) Permits Bifurcating a Short-Term Mortgage
When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.