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April 2016 Dollar Adjustments

Published on October 12, 2016 by

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.

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New Chapter 13 MOMOD Pilot Program

Published on October 12, 2016 by

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 […]

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Comparison of Chapter 13 Plan Forms in the SD, CD and ND

Published on October 12, 2016 by

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 […]

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Limit on Chapter 13 Trustee’s Fees

Published on October 12, 2016 by

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 […]

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9th Circuit BAP Opinion Allows For Stripping Wholly Unsecured Junior Liens in a Chapter 20

Published on October 11, 2016 by

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 […]

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Secured Creditors Who Do Not File Continuation Statements Will Lose Their Secured Status, Despite a Bankruptcy

Published 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 […]

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