Saenz and "Chapter 20" in the Fourth Circuit
In this important technical session, Daniel Staeven and Alon Nager explore the sophisticated "Chapter 20" bankruptcy strategy—sequencing a Chapter 7 discharge with a Chapter 13 filing to cure mortgage arrears—with a specific focus on the Fourth Circuit’s evolving standards following the Saenz decision from the Tenth Circuit. Moving beyond a basic overview, the discussion targets the precise mechanics of timing sequential filings, navigating good faith requirements under current case law, and successfully defending against trustee and creditor challenges. This session is designed for attorneys, accountants, and tax professionals seeking to minimize the margin for error when leveraging Chapter 13 to protect a primary residence after personal liability has been extinguished.
