Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we, as a society, squander the chance to use Chapter 13 to teach new budgeting...
Critical Case Comment – In re Segura, 2009 WL 416847 (Bankr. D. Col. Jan 9, 2009) (Judge Michael E. Romero)
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In re Segura, 2009 WL 416847 (Bankr. D. Col. Jan 9, 2009) (Judge Michael E. Romero)
Section 1322(b)(2) prohibiting modification of the rights of a creditor secured solely in the principal residence of the debtor limits the provisions which may be included in a Chapter 13 plan governing the conduct of servicers of claims secured by mortgages.
Summary of the Case
The debtor’s Chapter 13 plan contained several provisions that offended Chase Home Financial . . .
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