This post lists a few recent developments: 2019 changes to the Bankruptcy Code and Rules; some local opinions of note; and an update on interest rates. More detailed posts on some of these topics will be published in the coming weeks.
Must the chapter 13 trustee pay a secured creditor listed in the plan if no proof of claim has been filed? The plan language is ambiguous, but a new nonstandard provision being added to plans in the EDKY will provide clarity. Read on for more information.
A secured claim filed after the bar date in a chapter 13 case was disallowed as late, even though the claim had been provided for in the confirmed plan. You can download a copy of the court’s order from a link in this post.
Where should fully secured delinquent property tax claims be listed in the new chapter 13 plan form? Debtors’ attorneys and attorneys representing mortgage creditors need to make sure these claims are listed in the plan in such a way as to ensure they are paid in full. Read on.
If the debtor filed a petition between Dec. 1 and Dec. 10, 2017, then as of the date of this post, the creditors’ bar date has passed. Creditors, if you didn’t file a proof of claim in those cases, it’s too late. Debtors attorneys, do you know when you may file claims on behalf of creditors? Read on.
This post includes a little bit of information on several topics:
– last week’s increase in the prime rate of interest;
– bar dates in cases that convert to chapter 13;
– estimating trustee’s fees in the plan;
– problems with 522(f) lien avoidance calculations in the plan.
Amended Rule 3007, effective December 1, 2017, will impose stricter notice and service requirements for objecting to claims. Continue reading to learn about the new rules governing claim objections.