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 […]
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 […]
Ferry Joseph Managing Director Michael B. Joseph will moderate a panel entitled “Why Do Bad Things Happen to Good Lawyers?” on Tuesday, January 30, 2018 at the Consumer Bankruptcy Program at the Hotel DuPont in Wilmington, Delaware. In addition to his role at Ferry Joseph, Mr. Joseph has been the Chapter 13 Bankruptcy Trustee for the District of Delaware since 1987.
Michael B. Joseph to Speak at National Assoc of Chapter 13 Trustees Annual Seminar on Thursday, July 13, 2017. Mr. Joseph will present “Pro Bono and Pro Se Bankruptcy Services”, an ethics and professionalism presentation by the American College of Bankruptcy, encouraging innovative pro bono programs. Mr. Joseph was recently recognized by the Judges of the Bankruptcy Court for the District of Delaware and the Delaware Bankruptcy American Inn of […]
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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 […]