Critical Case Comment

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah

In re Cannella, No. 14-21398, 2015 WL 1208679 (Bankr. D. Kan., Aug. 12, 2014) (Berger). In performing the hypothetical liquidation analysis of 11 U.S.C. § 1325(a)(4), Chapter 13 attorney’s fees are deducted as a priority claim before estimating the return to non-priority unsecured creditors.

Factual Summary

On the petition date, the Debtors held $3,010 in cash, but their plan proposed a $0.00 return to unsecured creditors. The Trustee objected to confirmation under the best-interests-of . . .

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From the Editor

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By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Direct mortgage payments unpaid by debtor were not “provided for” in plan. The confirmed plan stated that the debtor would directly pay two home mortgages to the credit union, but there was no specification of payment terms or other treatment of those mortgages. At the time of confirmation, the...

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