When Chapter 13 Debtors Receive Windfalls – Part 3 of 3 • NACTT Academy

When Chapter 13 Debtors Receive Windfalls – Part 3 of 3

By Mark C. Leffler, 1 Boleman Law Firm, P.C., Richmond, Hampton, and Va. Beach, Virginia

click here for Part I, click here for Part II

THE CIRCUIT SPLIT: RES JUDICATA EFFECT OF PLAN CONFIRMATION

Assuming the post-petition windfall income is viewed as additional property, courts must also confront the mechanical issues of modifying confirmed plans under §§1327 and 1329 in order to add it to the already established plan funding. Section 1327 . . .

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My life in 1982 was in a bit of turmoil. I had recently gotten married and was working as in-house counsel for a regional furniture retailer. My position included a lot of collection work – beating up on debtors in state and bankruptcy courts. I was not unhappy but I was not comfortable with my work – it was clear...

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