We all get sucked in, at some time, to trying to rescue a Chapter 13 bankruptcy case gone bad. Dismiss and refile if often an appealing strategy. But, make sure that you don’t let a bad situation get worse. Get your arms around Bankruptcy Code ยง109(g). When only a do-over will do, don’t wait around. […]
Parker: Sweet Decision On Stay Violations
I don’t know just what makes Parker such a treat for me, but it delivers multiple thrills to my bankruptcy lawyer heart. It’s a stay violation case with a BIG sanctions award. It’s a clearly, simply written opinion that lays out the circuit law on multiple issues. It hits hard at HOA hubris. It analyzes […]
Chapter 13 Discharge Expanded by COVID Relief Legislation
Chapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated Appropriations Act of 2021, signed December 27, 2020 by the president. Debtors may get a full -compliance discharge of dischargeable debts if they have a residential mortgage and have not made all the payments required by their plan. See the […]
Analyzing The Troubled Chapter 13: 20,000 Questions Under The Surface Of The Case
After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we’ll be called on to guide clients forward, in one direction or another. Let’s review the questions we’ll need to answer in order to provide […]
Untangling The Converted Bankruptcy Case
Conversion to Chapter 7 from Chapter 13 usually comes amid some sort of train wreck. The debtor has defaulted on plan payments, decided to surrender the house, or even got a loan modification that allows him to keep the house. Often, there is pressure to convert the case before it is dismissed. In the bustle, […]
How To View Preferences Through The Lens Of A Chapter 13
Chapter 13 is often the chapter of choice when the client’s financial past includes avoidable transfers. Most clients are intent that the news of their bankruptcy not spread and especially horrified at the prospect of a Chapter 7 trustee suing their family members to recover preferences. At bottom, who really cares if a trustee avoids […]
The Chapter 13 Arsenal Is Incomplete Without This Unsung Hero
I beat the Chapter 13 trustee on what’s necessary to get a hardship discharge the other day. The contested issue was essentially whether the general rotten state of the economy was a circumstance beyond the debtor’s control, justifying a hardship discharge. Over the years of a Chapter 13 plan, lots of life events can threaten […]
