Lundin On Chapter 13

923 sections, 73 appendices, and 31,000 case summaries with new ones continuously added. Every aspect of Chapter 13 practice exhaustively covered, with over 45 years of experience, insights and advice between the lines.

Cases Updated: January 19, 2024

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 31,000+ 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 new treatise, Lundin On Chapter 13, is the updated successor to his now-superseded previous work, Chapter 13 Bankruptcy, 4th Ed.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!

LOCAL STANDARDS HOUSING DEDUCTION: NO MORTGAGE? NO PROBLEM!

[Season 5, Episode 5] An above-median Chapter 13 debtor who pays for cell phone service and wood pellets for heating is entitled to deduct the entire Local Standards Housing and Utilities allowance issued by the IRS notwithstanding that the debtor does not pay the mortgage.

Lundin on Chapter 13 Sections:

§ 92.3    Current Monthly Income: The Baseline

§ 95.3    Local Standards: Housing and Transportation

Additional Resources:

In re Moreno, 2023 WL 8519682 (Bankr. D. N.M. Dec.7, 2023) (Jacobvitz).

In re Currie, 537 B.R. 884 (Bankr. C.D. Ill. 2015).

Ransom v. FIA Card Services, N.A., 562 U.S. 61 (2011).

New Bankruptcy Workshop Video!

HOW TO CLEAR TITLE IN A CHAPTER 13 CASE

[Season 5, Episode 4] After completion of payments under confirmed Chapter 13 plan that strips off a wholly unsecured junior mortgage on the debtor’s residence, bankruptcy court has comprehensive authority under Bankruptcy Rule 7070 to order the lien holder to remove its cloud on title to the property.

Lundin on Chapter 13 Sections:

§ 80.13    Modification of Unsecured Home Mortgage: Before and After BAPCPA

§ 138.8    Mortgage Claim Issues

Additional Resources:

In re Buettner , 2023 WL 6623362 (Bankr. E.D. CA Oct. 11, 2023) (Klein).

Zimmer v. PSB Lending Corp. (In re Zimmer) , 313 F.3d 1220 (9th Cir. 2002).

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 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 January 19, 2024.

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!