Workshop Videos

Season 3, Episode 11

Dukes Fallout: Ninth Circuit Bap Says Direct Payment Is Payment Under The Plan

Ninth Circuit BAP clears the air: Direct payment of mortgage is payment “under the plan” for purposes of discharge under § 1328(a) and modification under § 1329(a) when confirmed plan cures default and maintains payments under § 1322(b)(5).

Dukes v. Suncoast Credit Union (In re Dukes), 909 F.3d 1306 (11th Cir. Dec. 6, 2018) (Pryor, Carnes, Circuit Judges, and Conway, District Judge).

Derham-Burk v. Mrdutt (In re Mrdutt), 600 B.R. 72 (B.A.P. 9th Cir. May 6, 2019) (Brand, Taylor, Faris).

Reichardt v. Trans Union LLC, No. CV-18-00223-TUC-RCC, 2019 WL 1359119 (D. Ariz. Mar. 26, 2019) (Collins).

In re Van Pelt, 599 B.R. 1 (Bankr. E.D. Ky. Apr. 11, 2019) (Schaaf).

In re Rivera, 599 B.R. 335 (Bankr. D. Ariz. Mar. 29, 2019) (Wanslee).

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

§ 81.1    Overview: General Rules for Saving Debtor’s Home

§ 85.6    Direct Payment of Mortgage or Payment by Trustee

§ 126.1    Standing, Timing and Procedure

§ 126.4    Duration of Modified Plan

§ 127.7    To Surrender Collateral, Account for Repossession or Change the Treatment of a Secured Claim

§ 152.2    Cause for Dismissal—In General

§ 157.3    Completion of Payments after BAPCPA

§ 158.5    Claims Not Provided for by the Plan or Disallowed under § 502


Season 3, Episode 10

Direct Payment Means No Discharge?

Unintended consequences at work: Eleventh Circuit says debt paid directly to creditor by Chapter 13 debtor is not “provided for” by the plan and is not discharged.

In re Dukes, No. 16-16513, 2018 WL 6367176 (11th Cir. Dec. 6, 2018) (Pryor, Carnes, Conway).

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

§ 74.8    Direct Payment of Secured Claims by Debtor before BAPCPA

§ 74.9    Direct Payment of Secured Debt after BAPCPA

§ 85.6    Direct Payment of Mortgage or Payment by Trustee

§ 158.5    Claims Not Provided for by the Plan or Disallowed under § 502

§ 158.7    Long-Term Debts


Season 3, Episode 9

Vesting of Property at Confirmation

Good Chapter 13 practice includes delaying the vesting effect of confirmation in § 1327(b), notwithstanding a recent Seventh Circuit decision to the contrary.

In re Steenes, Nos. 17-3630, 17-3663 & 17-3664, 2019 WL 1198901 (7th Cir. Mar. 14, 2019) (Easterbrook, Rovner, Hamilton).

In re Heath, 115 F.3d 521 (7th Cir. 1997)

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

§ 113.11    Retention of Property of the Estate: Overcoming 11 U.S.C. § 1327(b)

§ 120.2    11 U.S.C. § 1327(a): Binding Effect on Creditors and Debtors

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


Season 3, Episode 8

The Pawnbrokers Have Won, Sorta

Pawnbrokers may be winning the battle to nullify the powers of debtors in reorganization cases – with chilling implications.

Title Max v. Northingon (In re Northington) , 876 F.3d 1302 (11th Cir. 2017) (Wilson, Newsom, Moreno).

In re Sorensen, 2018 WL 3032973 (BAP 9th Cir. June 15, 2018) (Faris, Brand, Taylor).

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

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

§ 46.9    Leases and Other Contract Rights

§ 78.8    Pawn Transactions after BAPCPA

§ 120.2    11 U.S.C. § 1327(a): Binding Effect on Creditors and Debtors

§ 121.4    Other Limitations


Season 3, Episode 7

Much Ado About Tax Refunds

The courts continue to disagree about how to account for tax expenses and tax refunds in Chapter 13 cases. The Code supports the approach recently approved by the United States Court of Appeals for the Seventh Circuit.

Marshall v. Blake (In re Blake), 885 F.3d 1065 (7th Cir. 2018)(Bauer, Flaum, Manion).

In re Orozco, 2018 WL 2425971 (Bankr. W.D. Tex. May 10, 2018) (Gargotta).

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

§ 91.3    Reasonably Necessary for Maintenance or Support

§ 92.2    Projected Disposable Income: All Debtors

§ 92.3    Current Monthly Income: The Baseline

§ 93.1    Section 1325(b)(2)(A) and (B): “Amounts Reasonably Necessary to Be Expended—” When CMI Is Less Than Median Family Income

§ 95.16    Other [Necessary] Expenses—Taxes

§ 122.1    Tax Refunds

§ 127.9    To Increase Payments to Creditors


Season 3, Episode 6

HOA Epilogue from the 9th Circuit

United States Court of Appeals for the Ninth Circuit holds that postpetition HOA fees and assessments are dischargeable at completion of payments in a Chapter 13 case.

Goudelock v. Sixty-01 Association of Apartment Owners (In re Goudelock), 2018 WL 3352883 (9th Cir. July 10, 2018) (Smith, Murguia, Robreno).

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

§ 74.4    Acceptance of Plan after BAPCPA

§ 74.6    Surrender, Sale, Vesting in Lienholder and Payment with Property after BAPCPA

§ 82.2    Postpetition Defaults

§ 124.4    Postconfirmation Default and Relief from the Stay

§ 137.2    Postpetition Claims after BAPCPA

§ 157.2    BAPCPA Shrank the Discharge

§ 158.6    Postpetition Claims

§ 160.7    Exceptions to Hardship Discharge Added or Changed by BAPCPA


Season 3, Episode 5

What to Do About HOAs: Part 3

In Part 3 of this three-part series, CK tries to clean up the messy history of problems with management of HOA fees and assessments in Chapter 13 cases.

In re Peterson, 2018 WL 793685 (Bankr. D. Md. Feb. 7, 2018) (Rice).

In re Wiley, 2018 WL 604401 (Bankr. D. Md. Jan. 26, 2018) (Rice).

River Place East Housing Corp. v. Rosenfeld (In re Rosenfeld), 23 F.3d 833 (4th Cir. 1994).

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

§ 74.4    Acceptance of Plan after BAPCPA

§ 74.6    Surrender, Sale, Vesting in Lienholder and Payment with Property after BAPCPA

§ 82.2    Postpetition Defaults

§ 124.4    Postconfirmation Default and Relief from the Stay

§ 137.2    Postpetition Claims after BAPCPA

§ 157.2    BAPCPA Shrank the Discharge

§ 158.6    Postpetition Claims

§ 160.7    Exceptions to Hardship Discharge Added or Changed by BAPCPA


Season 3, Episode 4

What to Do About HOAs: Part 2

In Part 2 of this three-part series, two cases from the same court illustrate many problems with management of post-petition HOA fees and assessments in Chapter 13 cases.

In re Peterson, 2018 WL 793685 (Bankr. D. Md. Feb. 7, 2018) (Rice).

In re Wiley, 2018 WL 604401 (Bankr. D. Md. Jan. 26, 2018) (Rice).

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

§ 74.4    Acceptance of Plan after BAPCPA

§ 74.6    Surrender, Sale, Vesting in Lienholder and Payment with Property after BAPCPA

§ 82.2    Postpetition Defaults

§ 124.4    Postconfirmation Default and Relief from the Stay

§ 137.2    Postpetition Claims after BAPCPA

§ 157.2    BAPCPA Shrank the Discharge

§ 158.6    Postpetition Claims

§ 160.7    Exceptions to Hardship Discharge Added or Changed by BAPCPA


Season 3, Episode 3

What to Do About HOAs: Part 1

Homeowners’ association fees and assessments – both pre- and post-petition – are a complex problem in Chapter 13 practice, made more so by conflicting bankruptcy and state law considerations.

In re Rosteck, 899 F.2d 694 (7th Cir. 1990).

River Place East Housing Corp. v. Rosenfeld (In re Rosenfeld), 23 F.3d 833 (4th Cir. 1994).

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

§ 64.2    Other Cause for Relief

§ 80.2    Statutory Liens and Judgment Liens, Including Foreclosure Judgments

§ 80.6    Rental Property, Farmland and Other Income-Producing Property

§ 158.6    Postpetition Claims

§ 158.7    Long-Term Debts


Season 3, Episode 2

No Seal, No Deal? No Way!

Confidential settlements have become all too common in bankruptcy practice; the Code, rules and caselaw don’t support “No Seal, No Deal.”

In re Thomas, 2018 WL 1162523 (Bankr. E.D. Ky. March 1, 2018) (Wise).

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

§ 63.2    Timing, Procedure and Form

§ 138.7    Miscellaneous Claims Issues

§ 138.8    Mortgage Claim Issues


Season 3, Episode 1

Bankruptcy Rule 3002.1: A Roadmap

Bankruptcy Rule 3002.1: How it is supposed to work, with emphasis on burdens of proof and the importance of state law.

In re Ochab, 2018 WL 1614164 (Bankr. M.D. Ala. March 30, 2018) (Sawyer).

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

§ 83.2    Section 1322(e): Contracts after October 22, 1994

§ 83.6    Late Charges, Attorneys' Fees, Costs and Other Charges

§ 131.2    Official Form 410 after BAPCPA

§ 131.3    Bankruptcy Rule 3002.1: Mortgage Management after 2011

§ 138.2    Claims for Creditors’ Attorneys’ Fees


Season 2, Episode 3

Up in Smoke

The Executive Office of the United States Trustee has inappropriately instructed Chapter 13 and Chapter 7 Trustees that they cannot administer marijuana assets in bankruptcy cases.


Season 2, Episode 2

The Lien is Void

The lien securing a disallowed arrearage claim filed by a mortgage servicer is voided by § 506(d).

In re Mason, 2017 WL 394344 (Bankr. S.D. Miss. Jan. 27, 2017) (Ellington).

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

§ 121.2    Notice and Due Process Considerations, Including Claims Allowance and Valuation

§ 131.3    Bankruptcy Rule 3002.1: Mortgage Management after 2011

§ 133.4    Amended Claims

§ 162.4    Effects of Discharge on Liens after BAPCPA


Season 2, Episode 1

Blowing the Whistle on the U.S. Trustee Budget

The proposed Trump budget doubles bankruptcy filing fees to fund the U.S. Trustee Program. Does this make sense when bankruptcy filings are half of what they were?

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

§ 37.5    Filing Fee and Option to Pay in Installments

§ 37.6    Filing Fees, Installments and Waiver after BAPCPA


Season 2, Episode (Almost) Banned

(Almost) Banned in Las Vegas

Director’s Cut of Marijuana and Bankruptcy video banned by National Conference of Bankruptcy Judges


Season 1, Episode 12

Sewer Sponte III: When is Silence Acceptance?

Dicta in Espinosa creates impossible quandary: When does creditor silence relieve bankruptcy judges of “obligation” to correct defects in Chapter 13 plans?

In re Bea, 533 B.R. 283 (9th Cir. BAP 2015) (Dunn, Kirscher and Taylor).

In re Brown, 2016 WL 6440364 (Bankr. N.D. Ind. Aug. 2, 2016) (Grant).

In re Smiley, 2016 WL 6440365 (Bankr. N.D. Ind. Aug. 10, 2016) (Grant).

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

§ 74.3    Acceptance of Plan before BAPCPA

§ 74.4    Acceptance of Plan after BAPCPA

§ 74.15    “Adequate Protection” after Confirmation after BAPCPA

§ 121.2    Notice and Due Process Considerations, Including Claims Allowance and Valuation


Season 1, Episode 11

Sewer Sponte II: The Dark Side of Espinosa

Dicta in Espinosa has inspired some bankruptcy judges to deny confirmation of Chapter 13 plans when no creditor objects.

United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260, 130 S. Ct. 1367, 176 L.Ed.2d 158 (2010.)

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

§ 74.3    Acceptance of Plan before BAPCPA

§ 74.4    Acceptance of Plan after BAPCPA

§ 117.2    Relief from Confirmation Order: Bankruptcy Rules 9023 and 9024

§ 121.2    Notice and Due Process Considerations, Including Claims Allowance and Valuation

§ 159.6    Student Loans: § 523(a)(8)


Season 1, Episode 10

Sewer Sponte Epidemic

Recent cases reveal a new generation of bankruptcy judges inclined to raise issues sewer sponte in Chapter 13 cases. Sua sponte, dismissal, death of debtor, acceptance of plans, Espinosa, Acceleration of mortgage, impermissible modification of mortgage

In re Sierra, 2016 WL 6304620 (Bankr. S.D. Tex. Oct. 27, 2016) (Rodriguez).

In re Waring, 2016 WL 4440378 (Bankr. D. Col. Aug. 22, 2016) (McNamara).

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

§ 74.3    Acceptance of Plan before BAPCPA

§ 74.4    Acceptance of Plan after BAPCPA

§ 85.2    Demand, Matured and Balloon Loans; “Short-Term” Mortgages after October 22, 1994

§ 85.4    Accelerating Payment of a Home Mortgage

§ 152.7    Sua Sponte Dismissal


Season 1, Episode 9

Mortgage Servicers: Clean Your House,
or We Will

The mortgage servicing industry is broken. The results show up in Chapter 13 cases. The bankruptcy community has reached the end of its patience.

In re Gravel, 2016 WL 4765773 (Bankr. D. VT., September 12, 2016) (Brown).

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

§ 79.3    “Best Practices” and the Protection from Modification in § 1322(b)(2)

§ 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 1, Episode 8

Postpetition Inheritance: Tip of Iceberg?

What are the entitlements of creditors when a Chapter 13 debtor receives an inheritance more than 180 days after the petition? Is this just an issue at modification or is something bigger hidden here?

In re Portell , 2016 WL 4734321 (Bankr. W.D. Mo. Sept. 9, 2016)(Federman).

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

§ 46.6    Gifts, Loans and Windfalls

§ 126.6    Modification after Confirmation after BAPCPA

§ 127.9    To Increase Payments to Creditors


Season 1, Episode 7

Balloon Dance

Balloon payment of secured debt is alive and well notwithstanding “equal payments” requirement in § 1325(a)(5)(B)(iii)(II). balloon payments, periodic payments, equal payments

In re Cochran, No. 15-52314-AEC, 2016 WL 4575557 (Bankr. M.D. Ga. Sept. 1, 2016)(Carter).

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

§ 74.14    Equal Monthly Installments after BAPCPA


Season 1, Episode 6

Sleeping Monster: Modification After Confirmation

Seventh Circuit broadly empowers bankruptcy courts to modify plans after confirmation to increase payments to creditors when circumstances improve.

In re Powers, 2016 WL 3443342 (7th Cir. June 23, 2016) (Bauer, Williams, Adelman).

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

§ 126.1    Standing, Timing and Procedure

§ 126.4    Duration of Modified Plan

§ 126.6    Modification after Confirmation after BAPCPA

§ 127.9    To Increase Payments to Creditors


Season 1, Episode 5

No Claim? No Strip?

Can an underwater lienholder escape lienstripping in a Chapter 13 case by not filing a proof of claim? Hopefully, the Fourth Circuit won’t buy that outcome.

In re Burkhart, 2016 WL 4013917 (D. Md. July 27, 2016) (Messitte).

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

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


Season 1, Episode 4

No Proof Of Secured Claim? What Happens Next?

There is good news and bad news about what happens when a car lender or a home mortgage holder fails or chooses not to file a proof of claim.

In re Pajian, 785 F.3d 1161 (7th Cir. 2015).

In re Jones, No. 15-11460, Decision on Motion for Relief from Stay (Bankr. N. D. Ind. Aug. 5, 2016) (Grant).

In re Brown, No 16-10216, Decision and Order Denying Confirmation (Bankr. N.D. Ind. Aug. 2, 2016) (Grant).

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

§ 132.7    Secured Claim Holders

§ 135.5    Failure to File Proof of Claim


Season 1, Episode 3

Dead Debt Trifecta

Claims for stale debts continue to bedevil the circuit courts. Here are three FDCPA decisions from the 11th Circuit getting it right contrasted with wrong turns by the 7th and 8th Circuits.

Bazemore v. Jefferson Capital Systems, LLC, 2016 WL 3608961 (11th Cir. July 5, 2016).

Johnson v. Midland Funding, LLC, 823 F.3d 1334 (11th Cir. 2016).

Nelson v. Midland Credit Mgmnt., 2016 WL 3672073 (8th Cir. July 11, 2016).

Owens v. LVNV Funding, LLC, 2016 WL 4207965 (7th Cir. Aug. 10, 2016)

Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014).

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

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


Season 1, Episode 2

Philadelphia Report

CK and Keith are back from NACTT in Philadelphia with a full report. Also, the first installment of Case of the Week features dismissal doldrums after Harris v. Viegelahan.

In re Bateson, 2016 WL 3475613 (Bankr. E.D. Mich. June 23, 2016) (Shefferly).

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

§ 44.7    Disposition of Preconfirmation Payments after BAPCPA

§ 151.1    Procedure, Timing and Form

§ 151.3    Strategic Considerations: Consequences of Voluntary Dismissal

§ 153.2    Consequences of Dismissal Added or Changed by BAPCPA

§ 153.3    Court-Imposed Conditions and Restrictions on Dismissal


Season 1, Episode 1

The Unmuzzling

Cardboard Keith says Philly was totally liberating!