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.
The Local Form for the Chapter 13 Plan and other forms have been revised to show that the attorney’s full contact information must be listed with the attorney’s /s/ signature. Read on for more information and for links to revised Word forms.
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.
I have a new policy regarding the deadlines for filing prepetition tax returns. Debtors have only 60 days after the first date set for the section 341 meeting to get tax returns filed. For 2019 cases, debtors must file 2015, 2016, 2017, and 2018 tax returns before the plan can be confirmed. Read on for more details.
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.
If you are using “quick fix” amendments to plans instead of filing complete amended plans to make changes before confirmation, read on for a new policy restricting the use of those abbreviated plan amendments.
This post is about the basics of § 522(f) lien avoidances in chapter 13 cases – not the mathematical “how-to,” but the types of liens that can be avoided and the importance of claiming exemptions.
Debtors’ attorneys in the EDKY: This post addresses three issues: (1) the Debtor Handbook; (2) a new letter going to debtors at confirmation; and (3) more specific information about your clients’ obligations to pay post-confirmation tax refunds or bonuses or to provide documents.
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.