The Hanging Paragraph
Eastern District of Wisconsin Adopts Interim Local Rules Changes
The judges for the Eastern District of Wisconsin, upon recommendation from the 2009 Local Rules Committee (which I had the pleasure of serving on), adopted changes to the Local Rules which are in effect on an interim basis until made permanent.
Among the changes to the Local Rules includes the mandatory use of the Model Chapter 13 Plan. Mandatory use is intended to streamline Chapter 13 cases, making the proposals easier for trustees and creditors to read, and for judges to interpret. Though there was opposition from attorneys who were concerned that use of the Model Plan would unduly stifle the creative process that will lead to plan provision changes in the future.
Probably most significant for debtors, however, is a new rule that requires Motions for Relief from Stay to better spell out the alleged defaults on mortgages in Chapter 13 Plans, not only reducing the amount of motions filed by mortgage companies who are keeping sloppy records, but also informing the debtors of the exact nature of the default so that objections can be better prepared.
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D.C. Bound
Atty. Holbus will be traveling to Washington, D.C. this month to witness first-hand the oral arguments presented in the U.S. Supreme Court case of Hamilton v. Lanning, which will hopefully give national guidance to whether the Means Test is the alpha and omega of calculating disposable income for Chapter 13 Plans.
In his video blog series, Atty. Holbus will give an overview to the disputes in this (and other similar cases), comment on the oral arguments, and give a short video tour of his favorite haunts from when he was a Congressional intern in 2002.
Read the PDF version of the March 2010 issue
© March 2010
Atty. Holbus
