You can find the complete list here. Notable changes for consumer lawyers: Assisted Person is now someone with nonexempt property worth less than $192,450. Chapter 13 Debtor debt limit: $394,725 secured and $1,184,200 unsecured. These changes apply to cases that are filed on or after April 1, 2016.
This is from the master himself, Aki Koyama Over the years, I’ve found that MOMODS are more successful and much more easier to process and comment on when I have an opportunity to discuss the terms of the MOMOD before it is filed. This way, your client’s MOMOD will reflect what the Trustee’s data base […]
Jon’s post here got me thinking about the attorney in the Southern District, who to me at least, seems to have committed malpractice by filing a bad Chapter 13 Plan. The facts in the In re Schleger case, which you can read here, are dumb-bed down as follows: Chapter 13 Plan is filed where Debtors say […]
An attorney on the CDCBAA forums asked the following question, I was asked to post my answer for all to see: Question. The CD chapter 13 plan estimates Chapter 13 Trustee’s Fee at 11% “unless advised otherwise.” However, Section 326(b) appears to limit the chapter 13 trustee’s fee to no greater than 5% of all […]
On June 9, 2015, the 9th Circuit Bankruptcy Appellate Panel held that a Debtor not eligible for a Chapter 13 discharge may strip off a wholly unsecured lien through a Chapter 13 Plan. You can find the case here. This is common practice in the Central District and I am happy the BAP went the […]
Secured Creditors Who Do Not File Continuation Statements Will Lose Their Secured Status, Despite a BankruptcyPublished on May 25, 2015 by
UCC-1 financing statements are effective for five years. Before the five years has run, the creditor must renew the financing statement by filing what’s called a continuation statement. This is essentially a UCC-1 with a check next to the box labeled “continuation statement.” The only caveat is any continuation statement must be filed no sooner […]