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Everyone Wants a Piece: Handling Post-Petition Funds in Chapter 13

Everyone Wants a Piece: Handling Post-Petition Funds in Chapter 13 By Christopher Conte Let’s picture this hypothetical: An individual debtor files a typical chapter 13 case. The debtor is above median in income and shows disposable income on Schedules I and J of $500

Alabama Judge Gives a Mixed Message on Who Gets Postpetition P.I. Settlements

District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.
Consumer Bankruptcy Oct 18, 2023

Tug-of-War over Post-Confirmation Appreciation in Chapter 13

Tug-of-War over Post-Confirmation Appreciation in Chapter 13 By Krispen Carroll Everybody likes a windfall, the happenstance of financial luck that seems to come out of the blue. American homeowners were justified to feel like they were the beneficiaries of a windfall

Consumer Bankruptcy Oct 16, 2023

The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation

The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation By Charissa Potts Imagine this hypothetical: An honest debtor in a confirmed chapter 13 plan becomes unable to afford her mortgage payment due to circumstances beyond her control. She has a few years to