New EDKY Plan; New No-Look Fee Effective With Cases Filed On or After 12/1/21
The EDKY has a new chapter 13 plan form applicable to cases filed on or after Dec. 1, 2021. Read on for changes affecting secured claims and the no-look fee.
Category: Secured Claims
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.
RECENT DEVELOPMENTS
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.
Late Secured Claim Disallowed Under 12/01/2017 Amended Rules
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.
Section 522(f) – Back to Basics
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.
Important Policy/Procedure Information
This post addresses 4 topics:
– Changes to claim type descriptions;
– New claim type for “mortgages in plan”;
– Why we will no longer “reply to all” in emails; and
– Emails/phone calls from my staff.
Mortgage Billing Statements for Debtors in Bankruptcy – What Attorneys in the EDKY Need to Know
Mortgage servicers are now required to provide monthly billing statements to debtors in bankruptcy, with limited exceptions. Debtors’ attorneys and creditors’ attorneys in the EDKY need to know about this important amendment to RESPA and TILA, which became effective on April 19, 2018. This post gives a very oversimplified summary of the rule, with a link to a more detailed article and sample billing statements.
New Bar Date After December 1, 2017 – Have You Remembered to File Claims?
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.
December 1, 2017 Rule Changes: New Bar Date for Claims Filed by Secured and Unsecured Creditors
Effective with cases filed on or after December 1, 2017, creditors will have only 70 days from the petition date within which to file proofs of claims (not 90 days from the 341 date). In addition, the bar date will apply to secured creditors as well as unsecured creditors. Read on for more information.
Interest Rates on Secured Claims in Chapter 13 Cases in the EDKY
The prime rate of interest increased a quarter of a point to 4% effective March 16, 2017. Read on for information on how this affects chapter 13 plans in the EDKY, and what other interest rates are applicable to secured claims.
Chapter 13 Trustee, EDKY: Trustee's Blog 