From Aki Koyama:
Are your clients entitled to a chapter 13 discharge if they have missed post petition mortgage payments?
A couple of bankruptcy court level decisions have said no. Read more…
All posts in Chapter 13
Thursday, November 12, 2015 – Understanding Chapter 13
To all attorneys:
You are invited to Understanding Chapter 13, an MCLE program that will introduce you to the fundamentals of Chapter 13 bankruptcy law. It is approved for four (4) hours of MCLE credit
The program is presented by Public Counsel, and is cosponsored by cdcbaa and the U.S. Bankruptcy Court for the Central District of California.
Lunch will be provided. See attached flyer for additional program details. Read more…
Judge Bason Motions to Avoid Lien
Dear Colleagues!
This morning (Oct 8), Judge Bason announced that All Motions to Avoid Lien should now be scheduled for 8:30 and no longer at 11:00 on Ch13 calendaring days. Just for assistance, the remaining NB Ch13 dates for this year are: 10/29, 11/19 & 12/17.
Keith Higginbotham
cdcbaacheck@aol.com
Ninth Circuit: Ch. 20’s Keep Stripping (In re Blendheim)
Ninth Circuit cleared it up: In a “Chapter 20,” ineligibility for a discharge in a subsequent Ch. 13 does not preclude a debtor from permanently voiding a lien. In short, strip away.
Debtors got Ch. 7 discharged, and next day filed Ch. 13. Debtors home was encumbered by 2 liens. The first lienholder, a Bank, filed a claim and it is their lien that is at issue on this appeal.
Debtors objected to the Bank’s POC arguing that it failed to attach the promissory note as required by FRBP 3001 (Bank only attached the deed of trust). The Bank simply ignored the objection. Court entered a default order disallowing their claim. Next, Debtors filed an adversary to void Bank’s first lien since their claim was no longer an allowed secured claim. Court agreed and said the lien would be void upon completion of their chapter 13 bankruptcy.
Debtor’s reached plan confirmation, and the Bank woke up…..
Chapter 13 Trustee Rod Danielson New Address
Rod Danielson
Chapter 13 Trustee
3787 University Avenue
Riverside, CA 92501
3787 University Avenue
Riverside, CA 92501
Comments from Hank Hildebrand on Conduit Payments
From Hank Hildebrand, Chapter 13 Trustee in Nashville
Friends:
I have long held the belief that the trustee of a confirmed plan should be the one making all of the payments that are provided in the plan, whether or not those payments will be fully satisfied during the tenure of the trustee. So, I have always been a “conduit” trustee, even though I have often (though not always) refrained from opposing a chapter 13 plan where the debtor was making the post-petition payments (the “conduit” payment) if the debtor was current at the time of filing and had been current during the past couple of years. If the debtor had a default, I would oppose confirmation of the plan on feasibility grounds.
I have also had the opportunity to observe a significant number of jurisdictions with and without the “conduit” component in their chapter 13 plans. All of us that are “conduit” trustees have seen the result: More cases complete (Jean Braucher did a study 20 years ago that appeared to find that it was one of three elements that lead to plan completion – the other two are app payments by payroll deduction and attorneys are paid and stay committed over time). Read more…
Thursday, November 12, 2015 – Public Counsel – Understanding Chapter 13
To all attorneys:
You are invited to UNDERSTANDING CHAPTER 13, an MCLE program that will introduce you to the fundamentals of Chapter 13 bankruptcy law. It is approved for four (4) hours of MCLE credit
The program is presented by Public Counsel, and is cosponsored by cdcbaa and the U.S. Bankruptcy Court for the Central District of California. Lunch will be provided.
DATE: Thursday, November 12, 2015
TIME: 10:00 a.m. to 2:00 p.m.
LOCATION: Roybal Federal Building, 255 E. Temple St., Los Angeles, CA 90012
FLOOR: 12th Floor
ROOM: Assembly Room 1268 Read more…
Thursday, October 29, 2015 – U.S. Trustee Brownbag – 341(a)’s
The U.S. Trustee is hosting a unique Brownbag program on Thursday, October 29, 2015 from noon to 1:30 p.m. We will be discussing issues and concerns related to all matters 341(a)—particularly the rules and rationale behind the smooth and effective conduct of this essential piece of the bankruptcy process.
Proposed topics include: Read more…
Improving Chapter 13?: Some Thoughts on Dear Congress
We had a thoughtful and very entertaining program at Southwestern Law School yesterday. It was the cdcbaa Second Annual Jim King Bankruptcy Symposium. Headliners were Judges Keith Lundin from Tennessee and our own Meredith Jury, Hank Hildebrand, the irrepressible chapter 13 trustee in Nashville, and Prof. Katie Porter from the University of California, Irvine.
Judge Lundin (leading with his nose basically) suggested a number of ways to improve the chapter 13 practice here in the central district of California. Read more…
Thursday, September 24, 2015 – OCBA – Exemptions Case Law and Statutory Update
ORANGE COUNTY BAR ASSOCIATION
COMMERCIAL LAW & BANKRUPTCY SECTION
September Meeting
Exemptions Case Law and Statutory Update
Learn about 2014-2015 developments regarding exemptions including recent case law imposing the burden of proof on the Debtor and allowed surcharges after Law v. Siegel;
Discover best practices for maximizing exemptions without risking denial of discharge; and
The panelists will also discuss proposed Senate Bill 308 increasing the homestead exemption to $300,000 across the board and eliminating the requirement to reinvest exemption proceeds.
D. Edward Hays, Esq., Partner, Marshack Hays LLP
Jeffrey I. Golden, Esq., Partner, Lobel Weiland Golden Friedman LLP Read more…
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