Lundin On Chapter 13

923 sections, 73 appendices, and 26,000 case summaries with new ones continuously. Every aspect of Chapter 13 practice exhaustively covered, with over 40 years of experience, insights and advice between the lines.

Cases Updated: September 24, 2023

The only complete and searchable collection of legislative history of the BAPCPA changes to Chapter 13, including every hearing, report, debate, and all remarks organized chronologically.

Keith and "Cardboard Keith" (CK) in the Bankruptcy Workshop putting the most important cases and issues on the workbench to examine with takeaways to add to your Chapter 13 toolbox.

Need some help finding something in the massive coverage of Lundin On Chapter 13 and its 26,000+ Updater cases? Working on a knotty Chapter 13 issue and want to run it by the author of Lundin On Chapter 13? Just have a question for CK in the Bankruptcy Workshop? Ask us at Research Assistance!

Looking for Ch13online.com?

You're in the right place! Judge Lundin's (ret.) new treatise, Lundin On Chapter 13, is the updated successor to his now-superseded previous work, Chapter 13 Bankruptcy, 4th Ed. formerly available at Ch13online.com.

New Bankruptcy Workshop Video!

DUTY TO DISCLOSE?

[Season 5, Episode 3] Too many courts have burdened Chapter 13 debtors with duties of self-reporting and disclosure after confirmation that are not supported by the Code or Rules.

Lundin on Chapter 13 Sections:

§ 42.7    Tax Return Duties—On Request

§ 42.8    Consequences of Failure to File or Provide Tax Returns

§ 42.10    Annual Income and Expense Statement—On Request

§ 122.2    Windfalls, Inheritances, Lotteries and the Like

§ 126.6    Modification after Confirmation after BAPCPA

§ 127.9    To Increase Payments to Creditors

Additional Resources:

In re Mosley, No. 19-15907-RAM, 2022 WL 16952441 (Bankr. S.D. Fla. Nov. 15, 2022) (Mark).

In re Lee, No. 16-53256, 2022 WL 4085882 (Bankr. E.D. Mich. Sept. 6, 2022) (Gretchko).

In re Poe, No. 19-60528, 2022 WL 3639415 (Bankr. N.D. Ohio Aug. 23, 2022) (not for publication) (Kendig).

In re Ilyev, No. 17-12987-KHK, 2022 WL 2965029 (Bankr. E.D. Va. July 26, 2022) (Kenney).

In re Boyd, 618 B.R. 133 (Bankr. D.S.C. July 17, 2020) (Waites).

In re Williams, No. 18-80539-PRT, 2022 WL 2445423 (Bankr. E.D. Okla. July 5, 2022) (Thomas).

Stanley v. FCA US, LLC, 51 F.4th 215 (6th Cir. Oct. 18, 2022) (McKeague, Thapar, Readler).

Love v. Tyson Foods, Inc., 677 F.3d 258 (5th Cir. Apr. 4, 2012) (King, Wiener, Haynes).

In re Fridley, 380 B.R. 538 (9th Cir. BAP 2007) (Klein, Montali, Jury).

New Bankruptcy Workshop Video!

CASTLEMAN: BEATING UP CHAPTER 13 DEBTORS FOR NO GOOD REASON

[Season 5, Episode 2] In 1994 Congress fixed a circuit split by enacting § 348(f): post-confirmation assets do not become property of a Chapter 7 estate at good faith conversion from Chapter 13. The Ninth Circuit has now recreated that circuit split for no obvious good reason.

Lundin on Chapter 13 Sections:

§ 46.1    What Is Property of the Chapter 13 Estate?

§ 46.5    Proceeds, Rents or Profits from Property of the Estate

§ 46.6    Gifts, Loans and Windfalls

§ 46.11    Causes of Action—Including Judicial Estoppel Issues

§ 143.1    In Cases Filed before October 22, 1994

§ 143.2    In Cases Filed after October 22, 1994

§ 143.5    Bad-Faith Conversion

§ 144.1    Exemptions at Conversion

Additional Resources:

In re Castleman, No. 22-35604 (9th Cir. July 28, 2023).

In re Barrera, 22 F.4th 1217 (10th Cir. 2022).

In re Jones, 657 F.3d 921 (9th Cir. 2011).

In re Wilson, 909 F.3d 306 (9th Cir. 2018).

In re Black, 609 B.R. 518 (B.A.P. 9th Cir. 2019).

In re Lybrook, 951 F.2d 136 (7th Cir. 1992).

In re Bobroff, 766 F.2d 797 (3d Cir. 1985).

New Bankruptcy Workshop Videos!

CHAPTER 13 UNDER ATTACK

[Season 5, Episode 0] The fragile Chapter 13 ecosystem is threatened from many directions and needs attention else the benefits of debt adjustment for individual debtors will be degraded or lost.

Lundin on Chapter 13 Sections:

§ 26.1    Special Problems for Lawyers in Chapter 13 Cases

§ 42.7    Tax Return Duties—On Request

§ 42.10    Annual Income and Expense Statement—On Request

§ 44.7    Disposition of Preconfirmation Payments after BAPCPA

§ 46.2    Property of the Chapter 13 Estate—Changes by BAPCPA

§ 46.3    Postpetition Earnings

§ 46.5    Proceeds, Rents or Profits from Property of the Estate

§ 46.6    Gifts, Loans and Windfalls

§ 53.2    Who Will Be the Trustee?

§ 54.1    Standard Percentage Fee and Expenses

§ 54.2    Compensation and Expenses of Chapter 13 Trustee after BAPCPA

§ 54.9    Compensation When Case Is Dismissed or Converted before Confirmation

§ 120.3    11 U.S.C. § 1327(b): Vesting Effect on Property of Estate

§ 120.5    Effects of Confirmation after BAPCPA

§ 122.2    Windfalls, Inheritances, Lotteries and the Like

§ 126.5    Changed-Circumstances Requirement?

§ 126.6    Modification after Confirmation after BAPCPA

§ 127.9    To Increase Payments to Creditors

§ 151.3    Strategic Considerations: Consequences of Voluntary Dismissal

§ 153.1    In General [Effects of Dismissal]

§ 153.2    Consequences of Dismissal Added or Changed by BAPCPA

Additional Resources:

In re Evans, No. 22-35216 (9th. Cir. June 12, 2023).

In re Doll, 57 F.4th 1129 (10th Cir. 2023).

In Re Fridley, 380 B.R. 538 (9th Cir. BAP 2007).


DOLL AND EVANS:
THE TRUSTEE SQUEEZE

[Season 5, Episode 1] The Ninth and Tenth circuits have (mis)read the Bankruptcy Code to preclude standing Chapter 13 trustees from collecting administrative expenses in cases that are dismissed before confirmation.

Lundin on Chapter 13 Sections:

§ 44.7    Disposition of Preconfirmation Payments after BAPCPA

§ 54.9    Compensation When Case Is Dismissed or Converted before Confirmation

§ 153.2    Consequences of Dismissal Added or Changed by BAPCPA

§ 153.3    Court-Imposed Conditions and Restrictions on Dismissal

Additional Resources:

In re Evans, No. 22-35216 (9th. Cir. June 12, 2023).

In re Doll, 57 F.4th 1129 (10th Cir. 2023).

In Re Soussis, (2nd Cir. Argued Feb. 15, 2023).


New Cases Added to Lundin On Chapter 13 Case Updater

We are constantly adding new cases to the Updater that appears alongside every section of Lundin on Chapter 13 to keep you up to date in every area. Our most recent update was September 24, 2023.

Sections Updated in Lundin on Chapter 13

When we're not reading and analyzing new cases, we're updating sections of our treatise, Lundin on Chapter 13 and have several under revision right now for release soon!