Although the debtor’s confirmed chapter 13 plan included a provision for release of the mortgage lien upon payment of the lender’s claim, the bankruptcy court erred in releasing the lien when the claim was for arrearages only, there remained outstanding principle at the end of the plan, and the mortgagee challenged release of the lien prior to discharge. Mortgage Corp. of the South v. Bozeman, No.21-10987 (11th Cir. Jan. 10, 2023). Read More
Tag Archive: 1327
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Plan Confirmation Does Not Defeat Antimodification Provision
Posted by NCBRC - January 16th, 2023
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7th Circuit Reverses Bankruptcy Courts’ Uniform Rule to Keep Debtor’s Vehicle in Chapter 13 Post-Confirmation Estate
Posted by NCBRC - March 15th, 2019
This opinion was based on the consolidated appeals of seven cases. Each of the seven debtors filed a petition for bankruptcy under Chapter 13 of the Bankruptcy Code in the Bankruptcy Court for the Northern District of Illinois. The uniform confirmation order in this district (in most cases) is that upon confirmation, the property of the estate remains property of the estate. City of Chi. v. Marshall, 281 F. Supp. 3d 702, 704 (N.D. Ill. 2017).
Thereafter, the debtors incurred fines as the registered owners of vehicles involved in parking or traffic violations of Chicago’s Municipal Code. In each bankruptcy case, the City of Chicaco sought payment of the outstanding post-petition traffic fines as administrative expenses pursuant to § 503 of the Bankruptcy Code, which, pursuant to § 507(a), would give these claims priority status (second only to domestic support obligations), ahead of pre-petition creditors in the distribution of the assets of the bankruptcy estates. Id.
Six of the seven cases were heard before Bankruptcy Judge Barnes. Judge Barnes oral ruling rejected Chicago’s argument. “He found that the City’s attempt to collect post-petition fines as administrative expenses had “a dangerous irritative effect, which is that the debtor could continue even after the first administrative expense claim for the life of the plan to incur additional tickets and they could be added to the plan,” depleting the assets available to unsecured creditors. (Citation omitted.) Judge Barnes concluded that “the traditional set of circumstances holds true, which is the debtor remains responsible for these claims,” and that the City had the same collections options as any post-petition creditor: it could move for relief from the stay and pursue state court remedies, or it could seek dismissal of the bankruptcy case. (Citation omitted.)” Id. at 705.
The seventh case was heard by Judge Hollis. She also rejected Chicago’s argument in a written opinion, In re Haynes, 569 B.R. 733 (Bankr. N.D. Ill. 2017), finding that post-petition traffic tickets did not qualify as administrative expenses.
These cases were consolidated on appeal to the District Court for the Northern District of Illinois which affirmed the Bankruptcy Courts’ decisions. City of Chi. v. Marshall, 281 F. Supp. 3d 702 (N.D. Ill. 2017).
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HAVEN Act Guide
The Honoring American Veterans in Extreme Need Act of 2019 (“HAVEN Act”) excludes certain benefits paid to veterans or their family members from the definition of current monthly income (“CMI”) found in the Bankruptcy Code. The HAVEN Act amends § 101(10A) of the Bankruptcy Code and supplements the 2005 amendments to the Code that excluded other government benefits, such as social security income.
This Guide provides an overview of the HAVEN Act identifies benefits that are excluded, and answers frequently asked questions.
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