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: February 24, 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!

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 new treatise, Lundin On Chapter 13, is the updated successor to his now-superseded previous work, Chapter 13 Bankruptcy, 4th Ed.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

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.

Norton Institutes Recent Developments in Chapter 13

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).

Please also see the following sections of Lundin On Chapter 13.

§ 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

§ 127.9    To Increase Payments to Creditors

§ 143.2     In Cases Filed after October 22, 1994

NACTT Mortgage Committee Meeting

Click below for the Chapter 13 Case Law Update: Mortgages 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.

Chapter 13 Case Law Update: Mortgages

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).

Please also see the following sections of Lundin On Chapter 13.

§ 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

§ 135.5    Failure to File Proof of Claim

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!

Chapter 13 Case Law Update and Bankruptcy Trivia

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.

Please also see the following sections of Lundin On Chapter 13.

§ 54.1    Standard Percentage Fee and Expenses

§ 54.2    Compensation and Expenses of Chapter 13 Trustee after BAPCPA

§ 54.6    Compensation on Direct Payments by Debtor

§ 95.25    Administrative Expenses, Sorta

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).

Please also see the following sections of Lundin On Chapter 13.

§ 110.2    Good-Faith Plans after BAPCPA

§ 126.1    Standing, Timing and Procedure

§ 126.4    Duration of Modified Plan

§ 126.5    Changed-Circumstances Requirement?

§ 127.11    To Extend or Reduce the Time for Payments

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).

Please also see the following sections of Lundin On Chapter 13.

§ 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

§  127.1    To Suspend Payments

§ 127.2    To Cure Postconfirmation Default

§ 127.3    To “Add” Prepetition Creditors

§ 127.4    To Provide for Postpetition Claims

§ 127.5    To Incur New Debt

§ 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

§ 127.10    To Account for Payments Other Than under the Plan

§ 127.11    To Extend or Reduce the Time for Payments



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).

Please also see the following sections of Lundin On Chapter 13.

§ 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).

Please also see the following sections of Lundin On Chapter 13.

§ 131.3    Bankruptcy Rule 3002.1: Mortgage Management after 2011

§ 138.5    Truth-in-Lending and Other Consumer Protection Statutes

§ 138.8    Mortgage Claim Issues

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).

Please also see the following sections of Lundin On Chapter 13.

§ 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

§ 159.4    Unscheduled Creditors: § 523(a)(3)

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 February 24, 2021.

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!