Nicholas Ortiz Speaks at Boston Bar Association
By Nicholas Ortiz, Boston Bankruptcy Attorney on Sep 28, 2009 in Bankruptcy Practice and Procedure
Nicholas F. Ortiz, a Boston bankruptcy lawyer specializing in debtor-side issues, and John S. McNicholas, a creditor-side attorney with Korde and Associates, spoke together recently at the Boston Bar Association about bankruptcy case law developments in the First Circuit.
Highlights included a discussion of the recent decision by the United States Court of Appeals for the First Circuit, in re Rudler, 2009 WL 2385469 (1st Cir. 2009), affirming a debtor’s right to take a means test deduction for contractually-due, secured debt payments even when surrendering the collateral and not actually making the payments.
Attorney McNicholas emphasized several recent mortgage and standing issues and cases. Attorney Ortiz discussed means testing, issues regarding projected disposable income, and obtaining confirmation of Chapter 13 plans. Attorney McNicholas and Ortiz also vigorously debated the legality of so-called hybrid Chapter 13 plans given the unavailability of balloon payment plans after the 2005 BAPCPA amendments.
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