If Personal Liability on a Mortgage Was Discharged, Is Confirmation Possible in ‘13’?
When there was a prior discharge of personal liability on a mortgage note, what’s the theory for confirming a plan in a subsequent chapter 13 case?
Debtor’s Counsel Pays Lender’s Attorneys’ Fees for Filing Plan with 0% Interest
Bankruptcy Judge Hagan halted the practice of a chapter 13 debtor’s counsel who always filed plans with 0% interest for secured creditors.
Till Interpreted to Mean that the T Bill Rate Plus 1.5% Was Proper for Cramdown
Bankruptcy Judge Hagan explains why Till doesn’t necessarily require starting with the prime rate in cramming down a secured creditor in chapter 13.
Common Sense Determines How Much Detail Must Be Included in Schedules
Failure to include forgiveness of indebtedness income in schedules didn’t result in denial of confirmation of a chapter 13 plan.
No Interest for Unsecured Creditors in Full-Payment Chapter 13 Plans
Courts are split on whether unsecured creditors are entitled to interest in full payment plans when debtors are paying less than monthly disposable income.
Tax Refund Turnover Isn’t Required When the ‘13’ Plan Pays Creditors in Full
Chapter 13 trustee can’t require a debtor to maintain a ‘safety net,’ Bankruptcy Judge Hillen says.
Courts Split on Modifying a ‘13’ Plan to Surrender a Car with the Deficiency Unsecured
Bankruptcy Judge Hunt in Salt Lake City split with the Sixth Circuit, which held that a debtor can’t modify a plan by surrendering a car but must continue paying the auto lender in full.
A Deceased Debtor’s Survivor Can Make Chapter 13 Plan Payments from Her Income
Even though a deceased chapter 13 debtor has no regular income, the plan can still be confirmed.