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3rd Circuit May 22, 2024

Res Judicata Bars Objections to Plan Amendments that Could Have Been Raised Before

Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.

Late-Allowed Vehicle Claims: Striving for a More Just Result

Late-Allowed Vehicle Claims and the Importance of Finality By Linda B. Gore Editor’s Note: Unlike past articles in this column, the authors mostly agree on the viewpoint, but this article outlines the basis for those trustees/courts that take a different position. Most

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