There is a difference between avoiding a lien under section 522(f) and treating a secured claim as wholly unsecured based on the value of the collateral. The latter is colloquially referred to as lien-stripping, but often it is erroneously considered a lien avoidance action, which causes confusion as to how the claim is to be treated in the plan. Do you know the difference?
Chapter 13 Trustee Jody Bledsoe, Debtors’ Attorney Craig Shapiro, and Thomas Hooper, Staff Attorney to Chapter 13 Trustee Russell Simon, will discuss objecting to claims using the FDCPA.
Looking through the Rules of Bankruptcy Procedure for a deadline or to find out if it’s too late to ask for an extension of a deadline in chapter 13 cases? Try this Quick Reference Guide to Critical Deadlines in Chapter 13 Cases.
When a chapter 13 debtor owns rental properties, the attorney needs to exercise special care when preparing schedules to avoid complications that can affect confirmation, such as liquidation, disposable income, and feasibility. Here are some practice tips.
If a confirmed plan provides that the debtors will cure arrearages through the plan and maintain ongoing payments on a mortgage or long-term car loan, and the debtors complete plan payments and get a discharge, those section 1322(b)(5) debts are not discharged. What happens if after confirmation the debtors change their mind – is the claim still excepted from discharge?
What can attorneys do to identify and prevent recurring errors that result in court orders, ECF deficiency notices, and show cause orders? Find out if your office is a frequent offender, and take steps to improve compliance.
Here is some practical information for debtors’ attorneys from the session on chapter 13 tax issues at the 2016 NACTT seminar.