Central District Consumer Bankruptcy Attorney's Association

Dewsnup.

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Why does the second mortgage come to life again after conversion to
chapter 7? I thought they were dead forever and it was not out the
ordinary to convert to chapter 7 once the second was stripped.
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Sadly, not every Chapter 13 stays a 13. Some turn to 7s.

Random questions along this line:
* What happens to Class 3 debt (typically car in the plan) in a
converted, confirmed case? Depending on when the conversion happens, the
creditor may not have received payments for months. Suddenly, the debtor
has to catch up and become current or lose the car via Motion for Relief of
Stay? Or resumes their normal monthly payment?
* What happens to the stripped second mortgage? Of course, it reverts
and goes back on. But same question as above: catch up all at once or face
a Motion seeking relief? Or do they get time to make up the new arrears?
* If case was converted mid-year, the next year if there's a tax
refund, is the Chapter 7 trustee entitled to that refund, or can Schedule C
be rightly amended to exempt what might be coming at this point?
* Not a specific conversion question, but a nagging Chapter 13
question. How are you all advising re: the payments for student loans? They
can't be paid from the budget (splitting unsecureds with a preference) but
still they need to be paid and they're likely not dischargeable debt.
Five-year forebearances are not the norm, but have happened, I suppose.
Has anyone tried to discharge them using Espinosa (9th Cir 10/2/08)?
That's all I got.

Hale
Sadly, not every
Chapter 13 stays a 13. Some turn to 7s.

Random questions
along this line:

What happens to
Class 3 debt (typically car in the plan) in a converted, confirmed case?
Depending on when the conversion happens, the creditor may not have received
payments for months. Suddenly, the debtor has to catch up and become
current or lose the car via Motion for Relief of Stay? Or resumes their
normal monthly payment?

What happens to the
stripped second mortgage? Of course, it reverts and goes back on.
But same question as above: catch up all at once or face a Motion seeking relief? Or do they get time to make up the new
arrears?

If case was
converted mid-year, the next year if there's a tax refund, is the Chapter 7
trustee entitled to that refund, or can Schedule C be rightly amended to exempt what might be coming at this point?

Not a specific
conversion question, but a nagging Chapter 13 question. How are you all
advising re: the payments for student loans? They can't be paid from the
budget (splitting unsecureds with a preference) but still they need to be paid
and they're likely not dischargeable debt. Five-year forebearances
are not the norm, but have happened, I suppose. Has anyone
tried to discharge them using Espinosa (9th Cir
10/2/08)?
That's all I
got.

Hale

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