Consumer Bankruptcy Journal Fall 2015 | Page 23

CHAPTER 13 DEBTORS
Chapter 13 is about survival
and
managing
otherwise
unsustainable debt obligations,
some dischargeable and some
non-dischargeable.
Many
“successful” chapter 13 cases
conclude with certain debts
surviving the bankruptcy discharge,
including mortgage debts,19 student
loan debts,20 domestic support
obligations,21 certain tax debts,22
debts for money obtained through
false representations,23 debts for
fraud while acting in a fiduciary
capacity or embezzlement,24 debts
relating to death or personal injury
cause by operation of a motor
vehicle while intoxicated,25 debts
for restitution or criminal fine,26 and
debts for damages awarded as a
result of willful or malicious injury.27

e. Unsecured and Governmental
Claims
The 7th Circuit’s Pajian decision
resolved an issue of first impression
as to secured creditors, but did not
change the filing deadline as to
unsecured claims. Rule 3002(c)
still provides for a 90-day filing
deadline for non-governmental
unsecured creditors beginning with
the first date set for the meeting
of creditors. Debtors could avoid
paying the unsecured claims by
filing objections to any time-barred
unsecured claims filed after the
deadline.
Government
creditors
holding
unsecured claims are not bound by
Rule 3002(c)’s general 90-day filing
deadline. Instead, governmental
claims unrelated to tax returns are

bound by an expanded deadline
set forth in Rule 3002(c)(1),28 which
creates an exception to the rule
and extends the filing deadline for
proofs of claim to 180 days after
the date of the order for relief.
Government claims relating to tax
returns filed under §1308 29 are
timely filed if filed no later than 180
days after the date of the order for
relief or 60 days after the date of the
filing of the tax return.
The bankruptcy court is granted
discretion to enlarge the time for
a government unit to file a proof
of claim only upon motion of the
governmental unit made before
expiration of the period for filing
a timely proof of claim. Rule
9006(b)(3)30 prohibits bankruptcy
courts from enlarging the 90-day

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National Association of Consumer Bankruptcy Attorneys

Winter 2015

CONSUMER BANKRUPTCY JOURNAL

23