By Michael B. Joseph (Printed with permission, NACTT Academy, Considerchapter13.org, July 28, 2024) Could it be that chapter 13 got it right? How does the recent United States Supreme Court holding in Harrington v Purdue Pharma impact chapter 13 cases? See Harrington v. Purdue Pharma L.P., 219 L. Ed. 2d 721 (Sup. Ct. June 27, 2024). The Court held the bankruptcy code does not authorize a release and injunction as […]
Social media and internet dating sites have given rise to romance and confidence schemes. Catfishing and spear phishing are extensively used. Catfishing is faking an identity on the internet. Spear phishing uses more sophisticated and direct messages to trick the victim. New AI programs make it easier to reach and victimize the targets. The fraudsters prey upon the elderly, widowed or divorced men and women. Online profiles are manipulated to […]
What duty does a non-bankruptcy attorney have to determine whether a client or a potential client is or has been a debtor in a bankruptcy case? The wrong answer to that question may prove disastrous to successful pursuit of claims on behalf of the client and threatens counsel with professional and financial exposure. A debtor’s failure to disclose causes of action in a bankruptcy case has ramifications for the debtor, […]
Is it a death knell for cases beyond 60 months? Under the CARES Act 11 USC Sec. 1329 was amended to include a temporary provision that permitted confirmed chapter 13 plans to extend the plan term to up to 84 months. To do so, debtors were required to show they were affected by COVID, Sec. 1329(d). [i] The maximum term under 11 USC Sec. 1329(c ) has always been 60 […]
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Chapter 13 and Death: Discharge or Dismissal?
“It is said that nothing is certain except for death and taxes, but today the Court is asked a question about death and discharge, for which there is some uncertainty in the Chapter 13 context.” see In re: Meadows 2020 Bankr. Lexis 3050 (Bankr. D. Utah 2020) When a debtor dies during a Chapter 13 bankruptcy, the case does not automatically end. Instead, several options are available depending on the […]