July 11, 2019
Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
June 25, 2019
The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.
June 24, 2019
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
June 10, 2019
A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
May 29, 2019
Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.
Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.
May 16, 2019
BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.