Practice Tips for Chapter 13 Bankruptcy Attorneys in the Eastern District of Kentucky, by Beverly M. Burden, Trustee
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.
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.
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.
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.
There is still time to register for the 19th Biennial Judge Joe Lee Bankruptcy Institute, which starts tomorrow (June 20) at the Hyatt Regency in Lexington. For more information or to register, contact UK/CLE at 859-257-2921 or download the 19th Biennial Judge Joe Lee Bankruptcy Institute brochure.
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.
