News & Updates
Beverly’s Blog
Practice tips, rule changes, and news for attorneys, creditors, and debtors in Chapter 13 cases in the Eastern District of Kentucky.
Latest Post
Register Now for the UK Consumer Bankruptcy Law Conference, August 6-7, 2026 in Lexington
The 18th Biennial UK Consumer Bankruptcy Law Conference will be held on August 6-7, 2026 at the Campbell House Hotel, Lexington, Kentucky. This seminar is a must for bankruptcy practitioners in the Eastern and Western Districts…
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· Feasibility
A 60-Month Plan for Debtors With Below-Median Income: Why?
If a debtor has current monthly income that is below the median income level, they have an applicable commitment period (“ACP”) of 3 years, and the plan duration needs to be at least 36 months. What if a 36-month plan will not…
Read More· Discharge
Options for EDKY Chapter 13 Debtors Impacted by the Recent Eastern Kentucky Floods
Our thoughts and prayers are with those in eastern Kentucky who have lost so much in the devastating floods. We know that chapter 13 debtors are among those who have been affected by the floods. Debtors – and their attorneys…
Read More· COVID-19
341’s via Videoconferencing; Stopping ACH Plan Payments; Prime Rate of Interest
Zoom 341’s: Starting April 15, all chapter 13 section 341 meetings of creditors will be conducted using the Zoom videoconferencing service. I have just begun to file notices of continued creditor meetings, but PLEASE give me a…
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· Local Rules and Forms
“I Can’t Make My Plan Payments Right Now”: These Policy and Procedure Changes Might Help
Due to the present health and economic crises, we are making changes to the procedures and policies regarding motions to dismiss for nonpayment and probation orders in the EDKY. These changes will remain effective until further…
Read More· Feasibility
Amending a Plan Before Confirmation to Change Plan Payments
Here’s the scenario: Debtor proposes a plan with payments in the amount of $100/month for 60 months. Plan is not feasible, and in month 4 of the plan debtor amends the plan to increase plan payments to $250/month. Here’s the…
Read More· Feasibility
Increases in Prime Rate of Interest and in EDKY Trustee’s Fee
On September 27, 2018, the prime rate of interest increased to 5.25%. On October 1, 2018, my percentage fee increased to 7.1%. If you are calculating how much a debtor must pay in order to adequately fund a plan, you need to add…
Read More· Plan Payments
Plan Payments by Payroll Deduction
Plan payments in the EDKY must be made by payroll deduction unless otherwise ordered by the court or agreed to by the trustee. Many debtors’ attorneys are inadvertently causing their clients to get behind in plan payments because…
Read More· Plan Payments
Making Chapter 13 Plan Payments in the E.D. Ky. – New Online Payment Option
Debtors can now make their chapter 13 plan payments in EDKY online (for a fee) through www.TFSbillpay.com (“TFS”). Debtors’ attorneys, here is what you need to know about this new service. First, payment by payroll deduction is…
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The purpose of this blog is to provide timely practice tips to attorneys representing debtors and creditors in chapter 13 bankruptcy cases in the Eastern District of Kentucky. These posts represent my thoughts and opinions and do not constitute legal advice, nor should they be considered a substitute for legal research.
As the trustee in the EDKY, I reserve the right to take a contrary position in any particular case depending on the facts of that case, and I reserve the right to argue an interpretation of the law that may differ from that set forth in any post. I also reserve the right to change my mind at any time for any reason.
— Beverly M. Burden, Chapter 13 Trustee, Eastern District of Kentucky
