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In the recent case of In re Egger, 2016 wL 6892747 (Bankr. W.D. Wash. 11/22/16), the court held that the debtors’ Chapter 13 Plan did not need to provide for interest to be paid to their unsecured creditors to satisfy Section 1325(b)(1)(A). In the Egger case, the...
Usually, a trustee seeks to avoid fraudulent conveyances that occur within the state’s statute of limitations, which in Maryland is three years. However, in the recent case of In re Kipnis, 555 B.R. 877 (Bankr. S.D. Fla. 2016), the bankruptcy court allowed a trustee...
Federal Bankruptcy Rule 3002.1 sets forth several obligations that pertain to secured creditors, including mortgage lenders. First, it requires them to notify the debtor and the debtor’s attorney if the monthly mortgage payment is going to increase. The notice must be...
When attorneys file Chapter 13 cases, they some times put part of their fee in the Chapter 13 Plan. This will cause some delay in paying the fee because the Chapter 13 Trustee will not start paying creditors, including the debtor’s attorney, until the plan is...
While most loans will be discharged in a bankruptcy, there are several exceptions. In the recent case of Hometown Credit, LLC v. Peters (In re Peters), 2016 WL 4991506 (Bankr. S.D. Miss. 9/16/16), the court held that the debtor’s unsecured loan with Hometown was...
In the recent case of Ow v. Oropeza (In re Ow), 2016 WL 42040336 (Bankr. N.D. Cal. 8.5.16), the bankruptcy court avoided a secured claim on the debtor’s residence because it was unconscionable, but did allow part of the claim as an unsecured claim. In Ow, the debtor’s...
Until the Supreme Court decision in Marrama v. Citizens Bank of Massachusetts (In re Marrama), 549 U.S. 365 (2007), it was assumed that under 11 U.S.C. §1307, a debtor had an automatic right to convert a Chapter 7 case to a Chapter 13 case. However, the Supreme Court...
If a debtor filed his tax returns late, beyond the due date or any extensions, then according to the 1st, 5th and 10th Circuits, the taxes that became due can never be discharged. For example, 2010 tax returns are due on April 15, 2011, or if the debtor received an...
In the recent case of In re Gonzalez, 2016 WL 2944281 (Bankr. E.D. Pa. 5/19/16), the court allowed the debtor to redeem her real property that was sold at a tax sale through her Chapter 13 plan. In this case, the city sold the debtor’s home for unpaid real estate...
In a recent case, In re Gons, 2015 WL 6082125 (Bankr. E.D.Va. 10.15.15), the bankruptcy court granted the Chapter 7 Trustee’s motion to sell the debtor’s real estate because there was equity in the property sufficient to pay claims. In the Goins case, the debtor filed...