Practice Tips for Chapter 13 Bankruptcy Attorneys in the Eastern District of Kentucky, by Beverly M. Burden, Trustee
When debtors cannot comply with terms of a confirmed plan due to unexpected circumstances, the noncompliance cannot always be fixed by modifying the plan or seeking court approval after the fact. This post is about two cases that were dismissed for reasons you might find surprising (but shouldn’t).
This post briefly discusses the following topics: Amended Federal Rules of Bankruptcy Procedure eff. 12/1/16; Motions to Incur Debt for Purchase of Vehicle; Motions to Compel Debtors to File Notices of Address Changes; and the 2017 Judge Joe Lee Bankruptcy Institute.
Are you adequately and accurately disclosing to your clients and to the court what your fee agreement is for representing debtors in chapter 13 cases in the EDKY? Many attorneys, I fear, are not.
I and my staff attorneys will no longer make representations to the court on behalf of an attorney who cannot or chooses not to appear at a hearing. No more courtesy announcements of continuances, settlements, agreements, withdrawals, or the like for absent attorneys. Read on for alternatives if you cannot appear at a hearing.
Debtors can now make their chapter 13 plan payments in EDKY online (for a fee) through http://www.TFSbillpay.com (“TFS”). Debtors’ attorneys, here is what you need to know about this new service.
Some 523(a) nondischargeable debts, such as 523(a)(6) willful and malicious injury to property, CAN BE discharged in a chapter 13 case when the debtor completes plan payments. Creditors attorneys need to know when to file a 523(a)(6) complaint.
Our local rules mandate the use of a form chapter 13 plan, Local Form 3015-1. Here are a few notes to assist creditors’ attorneys and their clients in their review of plans filed in the EDKY. The tips are also useful for debtors’ attorneys and their staff in preparing the plan.
