Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX A 11 U.S.C. § 1328 Discharge (Text added by CAA, effective: December 27, 2020 and subject to one-year sunset, appears in italics.) (Mandatory and precatory directions to the court, critical to the statutory analysis in In re Ritter, appears in bold.) (a) Subject to subsection (d), as soon as practicable after completion...
Critical Case Comment – In re Thissen, 2009 WL 376768 (Bankr. E.D. Cal. February 12, 2009)
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In re Thissen,
2009 WL 376768 (Bankr. E.D. Cal. February 12, 2009)
An above-median income Chapter 13 debtor may not deduct contractual payments on junior liens which would be voided and paid as unsecured in the debtor’s plan in calculating projected disposable income.
Summary of the Case
The Thissens had three mortgages on their home when they filed their Chapter 13 petition in November of 2008. The first mortgage was in favor of Countrywide in . . .
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