Consumer Point/Counterpoint

Late-Allowed Vehicle Claims and the Importance of Finality

Late-Allowed Vehicle Claims and the Importance of Finality By Linda B. Gore Editor’s Note: Unlike past articles in this column, the authors mostly agree on the viewpoint, but this article outlines the basis for those trustees/courts that take a different position. Most

Late-Allowed Vehicle Claims: Striving for a More Just Result

Late-Allowed Vehicle Claims and the Importance of Finality By Linda B. Gore Editor’s Note: Unlike past articles in this column, the authors mostly agree on the viewpoint, but this article outlines the basis for those trustees/courts that take a different position. Most

Consumer Bankruptcy Oct 18, 2023

Tug-of-War over Post-Confirmation Appreciation in Chapter 13

Tug-of-War over Post-Confirmation Appreciation in Chapter 13 By Krispen Carroll Everybody likes a windfall, the happenstance of financial luck that seems to come out of the blue. American homeowners were justified to feel like they were the beneficiaries of a windfall

Consumer Bankruptcy Oct 16, 2023

The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation

The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation By Charissa Potts Imagine this hypothetical: An honest debtor in a confirmed chapter 13 plan becomes unable to afford her mortgage payment due to circumstances beyond her control. She has a few years to

Have We Led Chapter 13 Debtors Down the Garden Path with Promises of Pandemic Relief?

Have We Led Chapter 13 Debtors Down the Garden Path with Promises of Pandemic Relief? 1 By David Cox COVID-19 entered the chapter 13 consumer debtor community like a “wrecking ball.” 2 Soon after COVID-19 began spreading across the U.S., the unemployment rate jumped

Here Yesterday, Gone Today: No Authority to Confirm a Modified Chapter 13 Plan Longer than 60 Months After the Expiration of § 1329(d)

Here Yesterday, Gone Today: No Authority to Confirm a Modified Chapter 13 Plan Longer than 60 Months After the Expiration of § 1329(d) By Hon. Elizabeth L. Gunn and Don F. Mago The appearance and disappearance just over two years later of § 1329(d) of the Bankruptcy