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§ 1302

In re Chapter 13 Plan Admin. in the Brownsville Corpus Christi & McAllen Divs.

May
05
2016
Ruling
Chapter 13 trustee ordered to take steps to rectify overpayments or underpayments made by debtors due to failure to consistently implement uniform procedure for mortgage payment changes.
Issue(s)
How could the bankruptcy court address a chapter 13 trustee's disparate handling of mortgage payment changes in numerous chapter 13 cases in particular divisions of the district?

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Consumer opinion summary, case decided on May 05, 2016 , LexisNexis #0616-027
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Overbaugh v. Household Bank (In re Overbaugh)

Mar
11
2009
Ruling
Chapter 13 trustee has standing to object to motion to recharacterize claim.
Procedural posture

The district court for the Northern District of New York affirmed an order of the bankruptcy court for the Northern District of New York, which denied plaintiff debtors' motion to reclassify one of defendant creditor's claims from secured to unsecured. The debtors appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 11, 2009 , LexisNexis #0409-103
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In re Ferrell

Jul
21
2008
Ruling
Trustee was not required to advise debtor on terms of agreement to cure default under plan.
Procedural posture

After initially defaulting on their plan payments, the debtors and the chapter 13 trustee entered into an agreed order which required the debtors' to pay all past due payments pursuant a schedule and remain current on the monthly plan payments. The debtors again defaulted, the trustee filed a certificate of non-compliance, and the case was dismissed. The debtors moved to alter or amend the dismissal order pursuant to Fed. R. Civ. P. 59(e).

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Consumer opinion summary, case decided on July 21, 2008 , LexisNexis #1008-031
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In re White

Mar
07
2008
Ruling
Debtor not required to list recipient of domestic support order that had not matured prepetition in initial schedules.
Procedural posture

The court issued a show cause order as to why sanctions or other relief should not be imposed for the failure of the debtor's attorney to comply with a corrected deficiency notice concerning a monthly domestic support obligation (DSO) expense in the amount of $ 650 per month that debtor disclosed on Schedule J.

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Consumer opinion summary, case decided on March 07, 2008 , LexisNexis #0408-124
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