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.
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.
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.
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.
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.
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.