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: December 29, 2022
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 new treatise, Lundin On Chapter 13, is the updated successor to his now-superseded previous work, Chapter 13 Bankruptcy, 4th Ed.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.
Season 4, Episode 12
TORTS AND TROUBLE:
PERSONAL INJURY REPRESENTATION
DURING A CHAPTER 13 CASE
Representing a Chapter 13 debtor in a personal injury action during the case is a fraught enterprise; the rules are unclear and the potential is high for bad outcomes for attorneys and debtors.
In re Smith, 2022 WL 540016 (Bankr. S.D. Ga. Feb. 23, 2022) (Coleman).
In re McLemore, 2022 WL 362915 (Bankr. M.D. Ala. Feb. 7, 2022) (Sawyer).
§ 26.1 Special Problems for Lawyers in Chapter 13 Cases
§ 27.4 Getting Paid: Attorney’s Fees for Representing Debtors
NACTT Mortgage Committee
February 2022 Mortgage Case Law Update Video
Click below for 1.5 hours of case law updates and analysis from the NACTT Mortgage Committee!
Season 4, Episode 11
ANNOUNCEMENTS: VIRTUAL MEETINGS OF CREDITORS AND RENTAL ASSISTANCE
The successful pandemic experiment in virtual meetings of creditors will be a permanent feature of consumer bankruptcy practice. Bankruptcy attorneys and trustees can help consumer debtors access billions of dollars in available rental assistance.
General
Information on Mortgage and Rental Assistance Programs
Emergency Rental Assistance Program Links in Your Local Area
Frequently Asked Questions for Renters
Frequently Asked Questions for Landlords
Department of Housing and Urban Development-Approved Housing Counselors (800) 569-4287
§ 43.2 Debtor Duties at Meeting of Creditors after BAPCPA
§ 43.3 Personal Appearance by Debtor
§ 43.4 What to Do If Debtor Is Not Able to Attend in Person
§ 43.5 Consequences of Failure to Attend Meeting of Creditors
§ 43.6 Option Not to Convene Meeting of Creditors?
Season 4, Episode 10
DEATH PENALTY DAY
Voluntary dismissal of a Chapter 13 case may be “absolute” under § 1307(b), but “dismissal with prejudice” – with a bar to discharge of debts in any future case – lurks ominously under § 349(a).
Nichols v. Marana Stockyard & Livestock Mkt., Inc. (In re Nichols), No. 20-60043, 2021 WL 3891571 (9th Cir. Sept. 1, 2021) (O’Scannlain, Paez, Bennett).
Leavitt v. Soto (In re Leavitt), 171 F.3d 1219 (9th Cir. Mar. 26, 1999) (Fletcher, Tashima, Bryan).
Duran v. Gudino (In re Duran), 630 B.R. 797 (B.A.P. 9th Cir. July 27, 2021) (Klein, Taylor Gan).
In re Price, No. 17-41442-JJR-13, 2021 WL 2939867 (Bankr. N.D. Ala. July 12, 2021) (Robinson).
§ 151.1 Procedure, Timing and Form
§ 151.2 Absolute Right of Debtor?
§ 152.4 Cause for Dismissal, Including Bad-Faith, Multiple and Abusive Filings
§ 153.3 Court-Imposed Conditions and Restrictions on Dismissal
Season 4, Episode 9
DISMISSAL: ABSOLUTE RIGHT
OR TRAP FOR THE UNWORTHY?
The trend in recent appellate decisions favors a Chapter 13 debtor’s absolute right to dismiss under § 1307(b) without regard to bad faith or misconduct; but is there a crack in that foundation in § 349(b)(3)?
Law v. Siegel, 571 U.S. 415, 134 S. Ct. 1188, 188 L. Ed. 2d 146 (Mar. 4, 2014).
Marrama v. Citizens Bank of Mass., 549 U.S. 365, 127 S. Ct. 1105, 166 L. Ed. 2d 956 (Feb. 21, 2007).
Nichols v. Marana Stockyard & Livestock Mkt., Inc. (In re Nichols), No. 20-60043, 2021 WL 3891571 (9th Cir. Sept. 1, 2021) (O’Scannlain, Paez, Bennett).
Smith v. U.S. Bank Nat’l Ass’n (In re Smith), 999 F.3d 452 (6th Cir. June 9, 2021) (Gibbons, Kethledge, Murphy).
Jacobsen v. Moser (In re Jacobsen), 609 F.3d 647 (5th Cir. June 16, 2010) (King, Barksdale, Elrod).
Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764 (9th Cir. Sept. 24, 2008) (Fletcher, Paez, Schwarzer).
Barbieri v. RAJ Acquisition Corp. (In re Barbieri), 199 F.3d 616 (2d Cir. Dec. 23, 1999) (Leval, Cabranes, Sack).
Molitor v. Eidson (In re Molitor), 76 F.3d 218 (8th Cir. Feb. 9, 1996) (Arnold, Gibson, Ross).
In re Price, No. 17-41442-JJR-13, 2021 WL 2939867 (Bankr. N.D. Ala. July 12, 2021) (Robinson).
§ 141.2 Conversion on Request of Creditor or Trustee
§ 151.1 Procedure, Timing and Form
§ 151.2 Absolute Right of Debtor?
§ 153.2 Consequences of Dismissal Added or Changed by BAPCPA
§ 153.3 Court-Imposed Conditions and Restrictions on Dismissal
Hit Parade, Episode 3
CHAPTER 13 HIT PARADE
Keith and C.K. bringing you the hits of the Chapter 13 world: the interesting, important, strange, wonderful, confounding and hilarious recently-reported Chapter 13 decisions!!
NACTT 56th Annual Seminar
Keith Lundin, along with Trustees Hank Hildebrand and Debbie Langehennig reviewing the Chapter 13 cases that you need to know about from the last year.
34th Northwest Bankruptcy Institute
Bankruptcy Trivia
Join Judge Lundin, CK, and the 34th Annual Northwest Bankruptcy Institute contestants for Bankruptcy Trivia and the coveted GooGoo Cluster prize!
Season 4, Episode 8
ADDING A “G” TO THE FIVE Bs
Applying § 101(10A) and Lanning, income received during the “gap” period
in current monthly income is not captured for unsecured creditors by
the projected disposable income test.
(Please also see Bankruptcy Workshop Season 4, Episode 6
“ASSETS, INCOME, VESTING, MODIFICATION AND THE FIVE Bs”
immediately below this video.)
In re Gosch, No. 20-13871 TBM, 2021 WL 1198153 (Bankr. D. Colo. Mar. 26, 2021) (McNamara).
Season 4, Episode 6
ASSETS, INCOME, VESTING,
MODIFICATION AND THE FIVE Bs
What assets and/or income can a Chapter 13 trustee capture to increase payments to unsecured creditors by motion to modify after confirmation under § 1329? Burgie, Barbosa, Black, Berkley and Barrera: Assets, income, property of the estate, vesting, and modification after confirmation – it couldn’t be a bigger mess.
In re Barbosa, 235 F.3d 31 (1st Cir. 2000) (Torruella, Selya, Casellas).
In re Berkley, 613 B.R. 547 (9th Cir. BAP 2020) (Faris, Brand, Taylor).
In re Black, 609 B.R. 518 (9th Cir. BAP 2019) (Faris, Brand, Hercher).
In re Burgie, 239 B.R. 406 (9th Cir. BAP 1999) (Bufford, Ryan, Klein).
In re Barrera, 620 B.R. 645 (Bankr. D. Col. 2020) (Brown).
§ 120.3 11 U.S.C. § 1327(b): Vesting Effect on Property of Estate
§ 122.2 Windfalls, Inheritances, Lotteries and the Like
§ 126.2 Application of Tests for Confirmation
§ 126.3 Does Disposable Income Test Apply?
§ 126.6 Modification after Confirmation after BAPCPA
Season 4, Episode 7
PISCATAQUA RIVER REVISITED
A new twist on judicial estoppel in Chapter 13 cases and a quick look at a Supreme Court decision gone wrong.
New Hampshire v. Maine, 532 U.S. 742 (2001).
Slater v. U.S. Steel Corp., 871 F.3d 1174 (11th Cir. 2017).
Boneta v. American Medical Systems, Inc., 2021 WL 917871 (S.D. Fla. March 10, 2021).
Northern California’s
2021 Bankruptcy Conference
Chapter 13 Case Law Update
Please click below for the Northern California’s 2021 Bankruptcy Conference Chapter 13 Case Law Update Video and Cases PDF with links to find more about each topic in Lundin on Chapter 13.
Norton Institutes
Bankruptcy Litigation Seminar
Recent Developments in Chapter 13
Please click below for the Norton Institutes 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.
Season 4, Episode 5
NO PROOF OF CLAIM?
NO STAY RELIEF!
Secured claimholder that disables itself to receive payments under a confirmed Chapter 13 plan should not be entitled to stay relief based on lack of adequate protection.
In re Weyer, 2020 WL 53821 (Bankr. W.D. Wis. Jan. 3, 2020) (Ludwig).
§ 64.1 Lack of Adequate Protection
§ 120.2 11 U.S.C. § 1327(a): Binding Effect on Creditors and Debtors
§ 124.7 Effect of Failure to File Proof of Claim on Postconfirmation Relief from the Stay
§ 134.1 Timing, Form, Superseding and Amended Claims before 2005
§ 134.2 Filing of Claims by Debtor or Trustee after 2005 Amendments to Bankruptcy Rule 3004
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!
Season 4, Episode 4
THINGS YOU MIGHT NOT KNOW
ABOUT TRUSTEE FEES IN
CHAPTER 13 CASES
Debtors’ attorneys and some judges have misconceptions about the percentage fee for compensation and reimbursement of expenses collected by standing trustees in Chapter 13 cases.
§ 54.1 Standard Percentage Fee and Expenses
§ 54.2 Compensation and Expenses of Chapter 13 Trustee after BAPCPA
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 December 29, 2022.
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!