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.
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.
It’s time to register for the UK Consumer Bankruptcy Law Conference, March 22-23, 2018, Marriott Griffin Gate, Lexington KY. This year’s seminar offers a great agenda, a full year’s worth of CLE credits, and the inaugural Chip Bowles Memorial Keynote Lecture. Continue reading for more information, including a link to the brochure and registration form.
The new chapter 13 plan form has been in use for a month. Some aspects of the form work well, but attorneys for debtors and for creditors need to be aware of common glitches and problems to watch for.
This post includes a little bit of information on several topics:
– last week’s increase in the prime rate of interest;
– bar dates in cases that convert to chapter 13;
– estimating trustee’s fees in the plan;
– problems with 522(f) lien avoidance calculations in the plan.
When I see a similar court order entered in several cases, I begin to watch for new developments or trends. Is the court communicating a new policy? Are different attorneys making the same mistake? Read on to learn about two common errors the court is trying to correct on a case-by-case basis.
MS Word versions of the following forms are available for download:
Chapter 13 Plan (12/1/17);
Order for Adequate Protection (12/1/17);
sample motion and order for adequate protection (optional, for use by creditors).