A Variety of Views

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Variety of Views

This unique series of columns presents an in-depth focus on a single topic, considered from the perspectives of a chapter 13 trustee, an attorney representing debtors and an attorney representing creditors, with each author presenting her or his initial analysis and commenting on the analyses of the other authors. Examining these columns will provide a comprehensive view of the issue under consideration.

A Variety of Views on
Post-Confirmation Mortgage Issues

A Variety of Views: Post-Confirmation Mortgage Issues Among the more vexing issues facing trustees, debtors and creditors in chapter 13 in cases involving a home mortgage are issues which present themselves at the conclusion of the case, specifically what, if anything, has been paid and what amount remains due on the home mortgage. This Variety of Views series of articles presents the perspectives of our trustee, counsel for creditors and counsel for debtors contributors and focuses on these complicated issues. What procedures, filings, forms, etc. have courts employed to address these issues? What could/should counsel do in these circumstances? What are the Trustee's obligations/opportunities? What procedures can be implemented, post-confirmation to eliminate/reduce these problems? How do the HAMP provisions work in this context? These initial articles will be followed by responses from our distinguished contributors amplifying their respective positions and containing the comments and exchanges which make this series such a rich source of information.

Kathleen A. Laughlin: The Standing Chapter 13 Trustee for the District of Nebraska since October 1, 1986, Ms. Laughlin has been a frequent presenter at various seminars throughout the United States as well as guest lecturer at law schools on bankruptcy subjects. She has also written extensively on bankruptcy issues, including the booklet, “What’s Going To Happen Now That I Filed Chapter 13 Bankruptcy,” (1990 through 2005) “A Chapter 13 Trustee’s Guidelines for Determining Disposable Income: A Task That Would Give A Woodpecker A Headache!,” NACTT Quarterly, Vol. 6, No. 2 (January, 1994), “The Standing Chapter 13 Trustee’s Percentage Fee: Solving An Algebraic Equation,” 24 Creighton L. Rev. 823 (1991). She was also an editor of 13 News. Prior to her appointment as Standing Chapter 13 Trustee, Ms. Laughlin’s legal experience included serving as the Law Clerk for the Honorable Timothy J. Mahoney, United States Bankruptcy Court District of Nebraska; founding her own law firm, working at the Douglas County Attorney’s Office, and as well as the Legal Aid Society in Omaha, Nebraska. She earned a Juris Doctorate degree from Creighton University School of Law, Omaha, Nebraska. From her first career as a social worker, she earned a Bachelor of Arts degree from attending Duchesne College of the Sacred Heart and the University of Omaha, a Masters of Social Work from the University of Nebraska at Lincoln, Nebraska, as well as engaged in psychosocial and cancer genetic research at Creighton University School of Medicine and the University of Nebraska College of Medicine. She was also a professor of social welfare, and a medical social worker and administrator for 10 years. In addition, she has successfully ran for public office; serving three terms on the Millard School Board. Finally, Ms. Laughlin has held board positions on local nonprofit associations, and is a current member of the Nebraska Bar Association, the Colorado Bar Association, the Kansas Bar Association, the National Association of Chapter 13 Trustees, and the Commercial Law League.

John F. Cannizzaro concentrates his practice to the area of consumer bankruptcy law. Mr. Cannizzaro lectures nationally and locally on Bankruptcy law matters. Mr. Cannizzaro is considered by many to be the “Dean” of Consumer Bankruptcy lawyers in Ohio. Mr. Cannizzaro was Debtor’s counsel in the case of First Union Mortgage Corporation vs. Eubanks, 219 B.R. 468, 6th Cir BAP 1998 ( In re: Eubanks), which was the first appellate court case in the United States to carve out an exception to the United States Supreme Court decision of Nobleman v. American Savs. Bank, 508 U.S. 324, 331, 113 S. Ct. 2106, 2110, 124 L. Ed. 2d 228 (1993) (In re Nobleman). Mr. Cannizzaro is licensed to practice before the United States Supreme Court, the 6th Circuit Court of Appeals, the United States Bankruptcy Court for the Southern District of Ohio, the United States District Court for the Southern District of Ohio and all Ohio State Courts. Mr. Cannizzaro is a 1971 graduate of the University of Rochester in Rochester, New York, where he earned a Bachelor’s Degree in Biology. Mr. Cannizzaro worked as law clerk and bailiff to the Honorable C. Howard Johnson of the Franklin County, Ohio Municipal Court from 1977 to 1980. Mr. Cannizzaro earned his Juris Doctor degree from Capital University School of Law in 1980. Mr. Cannizzaro is a member of the American Bankruptcy Law Forum (ABLF), National Association of Consumer Bankruptcy Attorneys (NACBA), American Bar Association, Ohio State Bar Association, Credit Education Coalition (past president) and the Union County Bar Association (past president). Mr. Cannizzaro is a past member of the Ohio Academy of Trial Lawyer’s, Association of Trial Lawyers of America, Franklin County Trial Lawyer’s Association and Columbus Bar Association. Mr. Cannizzaro serves as chairman of the ECF Rules Committee of the United States Bankruptcy Court, Southern District of Ohio. Mr. Cannizzaro is presently co-chairman of the Bankruptcy Law Institute. Mr. Cannizzaro has served on numerous local boards and committees.

Lance E. Olsen is the managing shareholder of Routh Crabtree Olsen, P.S. Lance’s practice areas include bankruptcy, creditors’ rights, title issues, and related litigation. Lance has spent hundreds of hours providing on-site training within the mortgage servicing industry and is a frequent lecturer on creditors’ rights topics. Lance is a member of the Board of Directors of the USFN (America’s Mortgage Banking Attorneys); member of the American Bankruptcy Institute; associate member of the National Association of Chapter 13 Trustees; Chair of the Foreclosure and Publications Committee, and Bankruptcy Committee. He is licensed in Washington, Oregon and Idaho. Education: Seattle University School of Law, J.D., 1995 (magna cum laude); Western Washington University, B.A., 1991 (magna cum laude).

A Variety of Views on
Wholly Unsecured Mortgages — Pre-Confirmation Plan Provisions

A Variety of Views: Wholly Unsecured Mortgages — Pre-Confirmation Plan Provisions This series of articles, from our distinguished contributors, focuses on pre-confirmation plan provisions in connection with mortgages—what are significant debtor plan provisions; what are frequent mortgage creditor or trustee objections; what mortgage proof of claim issues are implicated; what is the role of counsel for the debtor, counsel for the mortgage creditor and the trustee in pre-confirmation plan and related proof of claim proceedings, including plans which provide for the trustee to disburse mortgage payments.

Pre-Confirmation Plan Provisions: Chapter 13 Trustee's View

Pre-Confirmation Plan Provisions: Debtor Attorney's View

Pre-Confirmation Plan Provisions: Creditor Attorney's View

A Variety of Views on
Wholly Unsecured Mortgages — Trial

A Variety of Views: Wholly Unsecured Mortgages at Trial Although the initial articles in this series presented perspectives on various issues in connection with wholly unsecured mortgages in chapter 13 cases, where the parties are unable to reach an agreed resolution litigation frequently follows. This series of articles presents the perspectives of a trustee, a debtor's attorney and a creditor's attorney in connection with a trial to strip a wholly unsecured mortgage.

Wholly Unsecured Mortgages at Trial: Chapter 13 Trustee's View

Wholly Unsecured Mortgages at Trial: Debtor Attorney's View

Wholly Unsecured Mortgages at Trial: Creditor Attorney's View

A Variety of Views on
Wholly Unsecured Mortgages

The NACTT Academy is pleased to again introduce a series of articles in the unique section, Variety Of Views On Selected Chapter 13 Issues. This year's contributors are: Kathleen Laughlin, Chapter 13 Trustee, Omaha, Nebraska; John Cannizzaro, counsel for debtors, Columbus, Ohio; and Lance Olson, counsel for creditors, Bellevue, Washington. Additional information on this year's distinguished contributors appears below. The first set of articles focuses on the issue of Wholly Unsecured Mortgages.

Wholly Unsecured Mortgages: Chapter 13 Trustee's View

                  Debtor's Response to Trustee
                           Trustee's Reply to Debtor's Response

                  Creditor's Response to Trustee
                           Trustee's Reply to Creditor's Response

Wholly Unsecured Mortgages: Debtor Attorney's View

                  Creditor's Response to Debtor
                           Debtor's Reply to Creditor's Response

                  Trustee's Response to Debtor
                           Debtor's Reply to Trustee's Response

Wholly Unsecured Mortgages: Creditor Attorney's View

                  Debtor's Response to Creditor
                           Creditor's Reply to Debtor's Response

                  Trustee's Response to Creditor
                           Creditor's Reply to Trustee's Response

A Variety of Views on the
Applicable Commitment Period

Applicable Commitment Period: Debtor Attorney's View
Creditor's Response to Debtor
Trustee's Response to Debtor & Creditor

Applicable Commitment Period: Creditor Attorney's View
Debtor's Response to Creditor & Trustee
Trustee's Response to Debtor & Creditor

Applicable Commitment Period: Chapter 13 Trustee's View
Debtor's Response to Creditor & Trustee
Creditor's Response to Trustee

A Variety of Views on
Documentation of Claims, Part II: Assignment

Part II of the comprehensive look at the assignment of claims from the perspectives of a chapter 13 trustee, a debtor’s attorney and a creditor’s attorney.

A Trustee's Perspective
Debtor's Response to Trustee
Creditor's Response to Trustee

A Creditor Attorney's Perspective
Debtor's Response to Creditor
Trustee's Response to Creditor and Debtor

A Debtor Attorney's Perspective
Creditor's Response to Debtor
Trustee's Response to Debtor and Creditor

A Variety of Views on
Documentation of Claims, Part I: Unsecured Claims

A Debtor Attorney's View with responses by a Creditor's Attorney and a Chapter 13 Trustee; the Creditor Attorney's View and responses from the Debtor's Attorney and Trustee; and the Trustee's View, with replies from the Creditor and Debtor.