It is always troublesome when an individual bankruptcy petition is filed by power of attorney. It may be less of a concern in a chapter 7 case when the debtor is in the military, incarcerated, or temporarily disabled. More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power of attorney (POA). What sort of inquiry is necessary and […]
Ferry Joseph Managing Director Michael B. Joseph will moderate a panel entitled “Why Do Bad Things Happen to Good Lawyers?” on Tuesday, January 30, 2018 at the Consumer Bankruptcy Program at the Hotel DuPont in Wilmington, Delaware. In addition to his role at Ferry Joseph, Mr. Joseph has been the Chapter 13 Bankruptcy Trustee for the District of Delaware since 1987.
Michael B. Joseph to Speak at National Assoc of Chapter 13 Trustees Annual Seminar on Thursday, July 13, 2017. Mr. Joseph will present “Pro Bono and Pro Se Bankruptcy Services”, an ethics and professionalism presentation by the American College of Bankruptcy, encouraging innovative pro bono programs. Mr. Joseph was recently recognized by the Judges of the Bankruptcy Court for the District of Delaware and the Delaware Bankruptcy American Inn of […]
Ferry Joseph Managing Director, Michael B. Joseph was recently recognized by the Judges of the Bankruptcy Court for the District of Delaware and the Delaware Bankruptcy American Inn of Court for his 30 years of service as the standing Chapter 13 Trustee for the District of Delaware. Mr. Joseph was appointed as the Chapter 13 Trustee on May 1, 1987.
Impact of the Repeal of CARES Act Chapter 13 Plan Modifications
Is it a death knell for cases beyond 60 months? Under the CARES Act 11 USC Sec. 1329 was amended to include a temporary provision that permitted confirmed chapter 13 plans to extend the plan term to up to 84 months. To do so, debtors were required to show they were affected by COVID, Sec. 1329(d). [i] The maximum term under 11 USC Sec. 1329(c ) has always been 60 […]