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Payment Deferral Programs Several automakers are currently offering payment deferrals for customers experiencing financial hardship. Hyundai has relaunched Assurance, a program it originally introduced in 2009 during the economic downturn to offer help to consumers....
Debtor owed the plaintiffs more than $1.4 million dollars based on civil judgment entered against him for stalking, defamation per se, and intentional infliction of emotional distress. After Debtor filed for Chapter 7 relief the plaintiffs filed an adversary...
Criticizes In Re Brunner as outdated and “hard-hearted” Debtors filed separate Chapter 7 bankruptcy cases in Maine and Massachusetts with Different fact patterns but with underlying similarities to undermine Brunner. The First Circuit upheld the bankruptcy court when...
Debtors filed a Chapter 7 and received an Order of Discharge in 2013. From 2013 through 2015, the debtors received letters from Ocwen Loan Servicing in the form of statements, notices regarding foreclosure insurance and escrow statements. Debtors’ intent was to...
The Chapter 13 debtor’s confirmed plan required her to make mortgage payments directly to her lender, she completed her plan in September 2016, and the Trustee filed a Notice of Final Cure Payment in December. The mortgagee’s servicer responded that she had not made...
The above-median income Chapter 13 debtors began taking 401(k) deductions post- Petition and took deductions on the Means Test for those contributions to the husband’s retirement plan. The Chapter 13 Trustee objected and the Court noted that much of the confusion in...
Debtor is jointly liable on a promissory note with ex-spouse and files a Chapter 13 plan proposing to discharge $3,164.00 as a DSO and lists the note as a general unsecured debt. Ex wife objects to confirmation of the plan and nearly a year after confirmation of...
A Chapter 7 Trustee files a motion to dismiss debtor’s case after ascertaining debtor had disposable income of $1,636.21 despite debtor’s Schedule J reflecting a deficit of $239.06. The debtor did not oppose the dismissal and the bankruptcy dismissed the case. The...
A ‘transfer’ does not include a bank account holder’s regular deposit into his own unrestricted checking account. A Chapter 7 debtor, running a Ponzi scheme, deposited funds from his victims into his checking account. The Ponzi scheme collapsed, an involuntary Chapter...
In the recent case of In re Miner, 2017 wL 1011419 (Bankr. W.D. La. 3/14/17), the court denied confirmation of the debtor’s Chapter 13 plan because the court believed the debtor was contributing too much to his retirement plan at the expense of his unsecured...