Sixth Circuit Opinion on 401(k) Contributions; Update on Zoom 341 Meetings
In this post I discuss the recent 6th Circuit decision on whether a debtor can exclude 401k contributions from disposable income, and I give an update on Zoom 341 meetings.
Category: Practice Tips
Update on Zoom 341’s; Tax Returns Not Filed; Mortgage Forbearance Agreements in Chapter 13
This post provides an update on Zoom 341’s and the procedure for emailing Zoom info to debtors’ attorneys; describes a new process for submitting proof that debtors have filed all required tax returns; and gives a short mention of modifying the plan to deal with mortgage payments that are suspended under a forbearance agreement.
Section 341 Meetings by Zoom in EDKY – Procedures
In the previous post I discussed general information about doing 341 meetings by Zoom. This post explains the procedure for scheduling, noticing, and conducting the meeting.
Section 341 Meetings by Zoom in EDKY – General Information
Starting April 15, 2020, all meetings of creditors in chapter 13 cases in the EDKY will be conducted via Zoom. In this post, I will address some general concerns practitioners might have about using Zoom for 341 meetings.
341’s via Videoconferencing; Stopping ACH Plan Payments; Prime Rate of Interest
Section 341 meetings will be conducted via Zoom. Prime interest rate is 3.25%. ACH bank drafts can be stopped on written request. Read on for details.
The Impact of the CARES Act on Chapter 13 Cases
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law on Friday, March 27, 2020 and includes provisions that may have an effect on debtors and creditors in chapter 13 cases. Read on for more details.
Miscellaneous: EDKY Trustee Operations; Payroll Deduction Orders; E-Signatures
This post covers more changes in operations and procedures caused by the COVID-19 crisis: my office operations; stopping payments by payroll deduction order; and e-signing petitions. Read on.
“I Can’t Make My Plan Payments Right Now”: These Policy and Procedure Changes Might Help
Due to the present health and economic crises, we are making changes to the procedures and policies regarding motions to dismiss for nonpayment and probation orders in the EDKY. These changes will remain effective until further notice. Read on for more details.
Nonstandard Provision for Lien Retention
The Sixth Circuit BAP recently held that when a 910-creditor objects to confirmation because the plan does not provide for retention of the creditor’s lien, a nonstandard provision should be added to the plan. Read on for more information and a suggested “standard nonstandard” plan provision.
Amending a Plan Before Confirmation to Change Plan Payments
Debtors’ attorneys, if you have to amend a plan to increase plan payments before confirmation, don’t make this mistake and cause your clients to become delinquent. Read on for how to use the “payment schedule” in the plan.
