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Presented By: O. Max Gardner & Henry Sommer

Feb 22, 2018 | 2 PM Eastern

 

Take advantage of non-standard provisions in chapter 13 plans to set your firm apart and attract more clients. All bankruptcy districts are now required by Bankruptcy Rule 3001.1 to have a final paragraph in the local chapter 13 plan allowing non-standard provisions.  The use of non-standard provisions will make a crucial positive difference in your client’s case and will save you time and money. 

 

Get deeper insight into non-standard provisions from O. Max Gardner and Henry Sommers in this 90-120 minute webinar.  They will focus on and suggest specific language you can add to your plans.  Some of the topics include:

 

• Filing fee payment terms
• No credit reporting (or specifying what can be reported).  See Keller v. New Penn Fin., LLC (In re Keller), 568 B.R. 118, 129 (B.A.P. 9th Cir. 2017) 
• Override surrender stay relief
• No payments to unsecured creditors and early termination
• Utility adequate assurance terms
• Assumption of Residential Leases
• Elimination of lien upon payment of allowed secured claim 
• Equal monthly payments for attorney’s fees
• Sale or refinance of property
• Right to use trustee avoiding powers
• Direct plan payments to secured and non-dischargeable debts before others are paid
• Send monthly mortgage statements, coupon book
• Injunction against further scheduling or continuance of foreclosure sale 
• Application of mortgage/arrears payments per Section 524(i)
• Mortgage loan mod will be sought clause
• Lien satisfied regardless of whether debt is discharged
• Vesting of Property in Mortgage Creditor Who Refuses to Foreclose  
• ID particular secured debts that will not be provided for by the plan
• Assigning refund of payments if converted or dismissed to attorney for fees
• Student loan classification and current payments
• Seek Enrollment in Student Loan Income-Driven Repayment Plan
• Continue Participation in Student Loan Income-Driven Repayment Plan
• Injunction Prohibiting Enforcement of Bankruptcy Clause by Private Student Loan Creditor 
• Avoiding Application of Estoppel and Claim Preclusion Doctrines Based on Plan Confirmation
• Protection of post-petition causes of action
• Filing of Adversary Proceeding Involving Predatory Mortgage Lending Claims