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, […]

Learn the Bankruptcy Lingo: Pots & Percentages

While we’re learning to “walk the walk”, we might as well learn to “talk the (bankruptcy) talk”.  Each profession has its shorthand for concepts that are encountered repeatedly. For bankruptcy lawyers, that includes the distinction between Chapter 13 “percentage plans” vs. “pot plans“. These terms are alternative ways that the dividend to unsecured creditors in […]