Chapter 13 Plan Modifications Can Reduce the Commitment Period and the Payments
A decision by Bankruptcy Judge Maria Oxholm explains why chapter 13 plan amendments sometimes may be easier after confirmation than before.
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.
In ‘13,’ a Creditor Wanted Debtors’ Counsels’ Fees to Come Last, Not First
Chicago’s Bankruptcy Judge Donald Cassling nixed an idea that would have made chapter 13 unpalatable for debtors’ counsel.
Fifth Circuit: Repayment of Unsecured Term Loan Sometimes Must Be Accelerated in ‘13’
A 2/1 decision required chapter 13 debtors to accelerate repayment of nondischargeable student loans.
Married Immediately Before Bankruptcy, the ‘Household’ Is Two, Not One
Wife who contributed nothing toward household expenses is still counted as part of the ‘household,’ Chicago’s Judge Slade says.
Where, Oh Where, Are the Child-Support Creditors?
Where, Oh Where, Are the Child-Support Creditors? By Hon. Elizabeth Gunn, Stuart Wilson-Patton and William R. Pursell 1 It is axiomatic that bankruptcy law in the U.S. is designed to provide a fresh start to individuals weighed down by unfathomable debt (the honest, but
Debtors Have a Narrow Window in ‘13’ to Redeem Foreclosed Property, BAP Says
Because a right of redemption does not give rise to a claim, Section 1322(b) doesn’t enable a debtor to redeem foreclosed property when the right of redemption has expired.
Benchnotes February 2025
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Insurance Policy Buybacks and Settlements Approved in Rockville Centre Diocese Case In mass tort cases like many of the diocese sexual abuse bankruptcies, insurance can present a valuable source