Lundin on Chapter 13 / Ch13online Bulletin
FINALLY! EN BANC ELEVENTH CIRCUIT FIXES JUDICIAL ESTOPPEL MESS
Overruling parts of Barger v. City of Cartersville, 348 F.3d 1289 (11th Cir. 2003), and Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002), when a debtor fails to disclose a cause of action, “to determine whether . . . inconsistent statements were calculated to make a mockery of the judicial system, a court should look to all the facts and circumstances of the particular case. . . . We overrule the portions of Burnes and Barger that permitted the inference that a plaintiff intended to make a mockery of the judicial system simply because he failed to disclose a civil claim.”
Slater v. United States Steel Corp., No. 12-15548, 2017 WL 4110047 (11th Cir. Sept. 18, 2017) (en banc).
The Hermitage Box Returns Home!
Congratulations to Mary Beth Ausbrooks of Nashville, Tennessee, for winning the hand-crafted jewelry box made by Keith Lundin from wood of trees uprooted in a tornado on the Hermitage estate in Nashville! The box was sold at auction during the National Association of Chapter 13 Trustees 2017 Annual Meeting in Seattle, and the proceeds benefit the NACTT Foundation.
Season 2, Episode 3
Up in Smoke
The Executive Office of the United States Trustee has inappropriately instructed Chapter 13 and Chapter 7 Trustees that they cannot administer marijuana assets in bankruptcy cases.
Season 2, Episode 2
The Lien is Void
The lien securing a disallowed arrearage claim filed by a mortgage servicer is voided by § 506(d).
In re Mason, 2017 WL 394344 (Bankr. S.D. Miss. Jan. 27, 2017) (Ellington).
Bankruptcy Workshop Special Edition
NACTT Meets Rachel Jackson
Don’t miss the NACTT Annual Meeting in Seattle, July 12–15, 2017. CK says: Consider bidding on the Hermitage Box to benefit the NACTT Foundation.
Season 2, Episode 1
Blowing the Whistle
on the U.S. Trustee Budget
The proposed Trump budget doubles bankruptcy filing fees to fund the U.S. Trustee Program. Does this make sense when bankruptcy filings are half of what they were?
Season 1, Episode 12
Sewer Sponte III: When is Silence Acceptance?
Dicta in Espinosa creates impossible quandary: When does creditor silence relieve bankruptcy judges of “obligation” to correct defects in Chapter 13 plans?
In re Bea, 533 B.R. 283 (B.A.P. 9th Cir. 2015) (Dunn, Kirscher and Taylor).
In re Brown, 2016 WL 6440364 (Bankr. N.D. Ind. Aug. 2, 2016) (Grant).
In re Smiley, 2016 WL 6440365 (Bankr. N.D. Ind. Aug. 10, 2016) (Grant).
Season 1, Episode 11
Sewer Sponte II: The Dark Side of Espinosa
Dicta in Espinosa has inspired some bankruptcy judges to deny confirmation of Chapter 13 plans when no creditor objects.
United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260, 130 S. Ct. 1367, 176 L.Ed.2d 158 (2010).
Season 1, Episode 10
SEWER SPONTE EPIDEMIC
Recent cases reveal a new generation of bankruptcy judges inclined to raise issues sewer sponte in Chapter 13 cases.
In re Sierra, No. 15-70603, 2016 WL 6304620 (Bankr. S.D. Tex. Oct. 27, 2016) (Rodriguez).
In re Waring, No. 16-12624-TBM, 2016 WL 4440378 (Bankr. D. Col. Aug. 22, 2016) (McNamara).
Season 1, Episode 9
MORTGAGE SERVICERS: CLEAN YOUR HOUSE, OR WE WILL
The mortgage servicing industry is broken. The results show up in Chapter 13 cases. The bankruptcy community has reached the end of its patience.
In re Gravel, No. 11-10112, 2016 WL 4765773 (Bankr. D. Vt. Sept. 12, 2016) (Brown).
Season 1, Episode 8
POSTPETITION INHERITANCE: TIP OF ICEBERG?
What are the entitlements of creditors when a Chapter 13 debtor receives an inheritance more than 180 days after the petition? Is this just an issue at modification or is something bigger hidden here?
In re Portell, No. 12-44058-13, 2016 WL 4734321 (Bankr. W.D. Mo. Sept. 9, 2016)(Federman).
Season 1, Episode 7
Balloon payment of secured debt is alive and well notwithstanding “equal payments” requirement in § 1325(a)(5)(B)(iii)(II).
In re Cochran, No. 15-52314-AEC, 2016 WL 4575557 (Bankr. M.D. Ga. Sept. 1, 2016)(Carter).
Season 1, Episode 6
SLEEPING MONSTER: MODIFICATION AFTER CONFIRMATION
Seventh Circuit broadly empowers bankruptcy courts to modify plans after confirmation to increase payments to creditors when circumstances improve.
In re Powers, No. 14-CV-03128, 2016 WL 3443342 (7th Cir. June 23, 2016) (Bauer, Williams, Adelman).
Season 1, Episode 5
NO CLAIM? NO STRIP?
Can an underwater lienholder escape lienstripping in a Chapter 13 case by not filing a proof of claim? Hopefully, the Fourth Circuit won’t buy that outcome.
In re Burkhart, et al., Civ. No. PJM 14-315 (D. Md. July 26, 2016).
Season 1, Episode 4
NO PROOF OF SECURED CLAIM?
WHAT HAPPENS NEXT?
There is good news and bad news about what happens when a car lender or a home mortgage holder fails or chooses not to file a proof of claim.
In re Jones, No. 15-11460, Decision on Motion for Relief from Stay (Bankr. N.D. Ind. Aug. 5, 2016) (Grant).
In re Brown, No 16-10216, Decision and Order Denying Confirmation (Bankr. N.D. Ind. Aug. 2, 2016) (Grant).
In re Pajian, 785 F.3d 1161 (7th Cir. 2015).
Season 1, Episode 3
DEAD DEBT TRIFECTA
Claims for stale debts continue to bedevil the circuit courts. Here are three FDCPA decisions from the 11th Circuit getting it right contrasted with wrong turns by the 7th and 8th Circuits:
Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014).
Johnson v. Midland Funding, LLC, 823 F.3d 1334 (11th Cir. 2016).
Bazemore v. Jefferson Capital Systems, LLC, 2016 WL 3608961 (11th Cir. July 5, 2016).
Owens v. LVNV Funding, LLC , 2016 WL 4207965 (7th Cir. Aug. 10, 2016).
Nelson v. Midland Credit Mgmnt., 2016 WL 3672073 (8th Cir. July 11, 2016).
Season 1, Episode 2
CK and Keith are back from NACTT in Philadelphia with a full report. Also, the first installment of Case of the Week features dismissal doldrums after Harris v. Viegelahan.
In re Bateson, 2016 WL 3475613 (Bankr. E.D. Mich. June 23, 2016) (Shefferly).
Season 1, Episode 1
NACTT ANNUAL SEMINAR 2016
Please check out Bankruptcy Workshop: (Season 1; Episode 1) "The Unmuzzling." Cardboard Keith says Philly was totally liberating!
While you are here, please take a look at what's coming next from Keith Lundin's new site: