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: January 20, 2021
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!
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 new treatise, Lundin On Chapter 13, is the updated successor to his now-superseded previous work, Chapter 13 Bankruptcy, 4th Ed.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.
NACTT 2021 Mid-Year Meeting
Click below for the Chapter 13 Case Law Update video fully integrated with LundinOnChapter13.com to display each case under discussion along with links to find more about the topic in Lundin on Chapter 13. Don’t miss Bankruptcy Trivia, Video Edition!
BULLETIN
From the Supreme Court this morning: “We hold only that mere retention of
estate property after the filing of a bankruptcy petition does not violate §362(a)(3)
of the Bankruptcy Code.”
City of Chicago v. Fulton
, No. 19-357, 2021 WL 125106 (Jan. 14, 2021).
Season 4, Episode 3.1
CARES ACT REVISITED
Decisions interpreting CARES Act amendments to § 1329(d) reject addition of nonstatutory conditions on extension of plans affected by COVID-19.
In re Guillen, 972 F.3d 1221 (11th Cir. 2020).
In re Meza, 467 F.3d 874 (5th Cir. 2006).
In re Fowler, 2020 WL 6701366 (Bankr. M.D. Ala. Nov. 13, 2020) (Sawyer).
In re Gilbert, 2020 WL 5939097 (Bankr. E.D. La. Oct. 5, 2020) (Grabill).
§ 110.2 Good-Faith Plans after BAPCPA
§ 126.1 Standing, Timing and Procedure
§ 126.4 Duration of Modified Plan
Season 4, Special Edition
CONSOLIDATED APPROPRIATIONS ACT, 2021
There is at least one almost unbelievable Chapter 13 provision in the Consolidated Appropriations Act, 2021.
§ 126.1 Standing, Timing and Procedure
§ 126.2 Application of Tests for Confirmation
§ 126.6 Modification after Confirmation after BAPCPA
§ 127.2 To Cure Postconfirmation Default
§ 127.11 To Extend or Reduce the Time for Payments
§ 135.7 Untimely Filed Claims in Cases Filed after October 22, 1994
§ 156.1 Timing and Procedure for Discharge and Objecting to Discharge
Season 4, Episode 0
CARES ABOUT CHAPTER 13
The Coronavirus Aid, Relief and Economic Security (CARES) Act makes a bundle of changes important to Chapter 13 practice.
Coronavirus Aid, Relief and Economic Security Act (CARES) Act
Pub. L. 116-136 (March 27, 2020)
Dukes v. Suncoast Credit Union (In re Dukes), 909 F.3d 1306 (11th Cir. Dec. 6, 2018) (Pryor, Carnes, Conway).
In re Klaas, 858 F.3d 820 (3d Cir. June 1, 2017) (Fisher, Vanaskie, Krause).
Derham-Burk v. Mrdutt (In re Mrdutt), No. NC-17-1256-BTaF (B.A.P. 9th Cir. May 6, 2019) (Brand, Taylor, Faris).
§ 126.1 Standing, Timing and Procedure
§ 126.2 Application of Tests for Confirmation
§ 126.3 Does Disposable Income Test Apply?
§ 126.4 Duration of Modified Plan
§ 126.5 Changed-Circumstances Requirement?
§ 126.6 Modification after Confirmation after BAPCPA
§ 127.2 To Cure Postconfirmation Default
§ 127.3 To “Add” Prepetition Creditors
§ 127.4 To Provide for Postpetition Claims
§ 127.6 To Sell or Refinance Property of the Estate
§ 127.7 To Surrender Collateral, Account for Repossession or Change the Treatment of a Secured Claim
§ 127.8 To Decrease Payments to Creditors
§ 127.9 To Increase Payments to Creditors
Season 4, Episode 3
TO FEE . . . OR NOT TO FEE
Standing Chapter 13 trustees are entitled to the percentage fee for compensation and reimbursement of expenses under 28 U.S.C. § 586(e) in cases that are dismissed or converted before confirmation.
In re Miranda, 285 B.R. 344 (B.A.P. 10th Cir. Dec. 4, 2001) (Bohanon, Robinson, Michael).
Nardello v. Balboa (In re Nardello), 514 B.R. 105 (D.N.J. Aug. 4, 2014) (Simandle).
In re Evans, No. 19-40193-JMM (Bankr. D. Id. Feb. 13, 2020) (Meier).
§ 44.5 Return of Payments to Debtor
§ 44.6 Preconfirmation Payments after BAPCPA
§ 44.7 Disposition of Preconfirmation Payments after BAPCPA
§ 54.9 Compensation When Case Is Dismissed or Converted before Confirmation
§ 153.1 In General [Effects of Dismissal]
§ 153.2 Consequences of Dismissal Added or Changed by BAPCPA
§ 153.3 Court-Imposed Conditions and Restrictions on Dismissal
Season 4, Bonus Episode
WORKSHOP, NO BANKRUPTCY
Are you a little curious to know what CK does in the Workshop when he isn’t doing bankruptcy?
Season 4, Episode 2
VOLKSWAGEN MOMENT
FOR OCWEN
The United States Court of Appeals for the Seventh Circuit has affirmed $1,164,000 jury verdict against Ocwen for abusive, chaotic loan servicing in a Chapter 13 case.
Saccameno v. U.S. Bank National Association, 2019 WL 6334280 (7th Cir. Nov. 27, 2019) (Bauer, Brennan, St. Eve).
In re Gravel, 601 B.R. 873 (Bankr. D. Vt. June 27, 2019) (Brown).
§ 131.3 Bankruptcy Rule 3002.1: Mortgage Management after 2011
§ 138.5 Truth-in-Lending and Other Consumer Protection Statutes
Season 4, Episode 1
UNLISTED? UNSCHEDULED? ... UNCERTAIN!
Unlisted and/or unscheduled creditors are poorly managed by the Code and Rules in Chapter 13 cases. Recent amendments to Bankruptcy Rule 3002(c)(6) have not solved the problems.
In re Mazik, 592 B.R. 812, 815–18 (Bankr. E.D. Pa. Nov. 29, 2018) (Frank).
In re Somerville, 605 B.R. 700, 704–09 (Bankr. D. Md. Oct. 4, 2019) (Harner).
In re Vanderpol, 606 B.R. 425, 428–32 (Bankr. D. Colo. Aug. 28, 2019) (Brown).
In re Bales, No. 18-52257, 2019 WL 3436870 (Bankr. E.D. Ky. July 30, 2019) (Wise).
In re Jackson, No. 18-03159-HB, 2019 WL 3797580, at *1–*2 (Bankr. D.S.C. July 24, 2019) (Burris).
In re Fryman, No. 18-20660, 2019 WL 2612763, at *1–*3 (Bankr. E.D. Ky. July 24, 2019) (Wise).
In re Price, No. 18-71260, 2019 WL 2895006, at *2–*3 (Bankr. W.D. Va. July 3, 2019) (Black).
§ 133.2 Unscheduled Creditors before and after BAPCPA
§ 134.2 Filing of Claims by Debtor or Trustee after 2005 Amendments to Bankruptcy Rule 3004
§ 158.5 Claims Not Provided for by the Plan or Disallowed under § 502
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 20, 2021.
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!