‘Good Faith’ Standard Restricts Debtor Creativity

Mathews v. US Bank, NA, et al.; 10-01243-RGM; March 31, 2011 This case came before the court on the debtor’s complaint to strip-off a wholly unsecured deed of trust and tax lien against her property in a Chapter 13 bankruptcy. The debtor was the only obligor on the...

Keeping Student Loan Payment Current in Bankruptcy

In re Birts; 11-15918-BFK; February 27, 2012 In this case, the debtor proposed a plan that proposed to pay approximately 7% of the allowed unsecured claims, but the plan provided that the debtor would keep the payment on her student loan current. Section 1322(b)(1) of...