Law Changes in Georgia on Calculation of Fees for Standing Trustees
By excluding payments by the debtor directly to secured creditors from the calculation of the standing trustee’s fee, the recovery increased for unsecured creditors in chapter 12.
An Inheritance Received More than 180 Days After Filing Is Chapter 13 Estate Property
Majority of courts hold that the temporal limitation on inheritances in Section 541(a)(5) is nullified in chapter 13 by Section 1306(a).
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.
A ‘13’ Plan Can’t Pay Nondischargeable Debt in Full and Give Nothing to Other Creditors
Bankruptcy Judge Jeffery Deller of Pittsburgh defines impermissible discrimination among unsecured creditors in 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.
Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II
Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II 1 By Christopher Conte “Bankruptcy courts are courts of equity.” 2 Anyone who has practiced in front of bankruptcy judges for any length of time has undoubtedly heard, or uttered, the above quote