Tax Refund Turnover Isn’t Required When the ‘13’ Plan Pays Creditors in Full
Chapter 13 trustee can’t require a debtor to maintain a ‘safety net,’ Bankruptcy Judge Hillen says.
Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II
Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II 1 By Christopher Conte “Bankruptcy courts are courts of equity.” 2 Anyone who has practiced in front of bankruptcy judges for any length of time has undoubtedly heard, or uttered, the above quote
Courts Split on Modifying a ‘13’ Plan to Surrender a Car with the Deficiency Unsecured
Bankruptcy Judge Hunt in Salt Lake City split with the Sixth Circuit, which held that a debtor can’t modify a plan by surrendering a car but must continue paying the auto lender in full.
Eleventh Circuit: Chapter 13 Debtor Keeps Settlement of a Personal Injury Claim
What’s a settlement of a personal injury claim? Is it income earmarked for creditors in chapter 13?
Sixth Circuit Restricts Ability to Surrender Collateral and Modify a Chapter 13 Plan
Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.
Chapter 13 Plan Modifications Can Reduce the Commitment Period and the Payments
A decision by Bankruptcy Judge Maria Oxholm explains why chapter 13 plan amendments sometimes may be easier after confirmation than before.