Critical Case Comment – Giesbrecht v. Fitzgerald (In re Giesbrecht), 2010 WL 1956618 (9th Cir. BAP, April 28, 2010) (Hollowell)

Giesbrecht v. Fitzgerald (In re Giesbrecht), 2010 WL 1956618 (9th Cir. BAP, April 28, 2010) (Hollowell)

Nothing prohibits a Chapter 13 plan from providing for direct payments to a creditor by a debtor, such is within the sound discretion of the bankruptcy court.

Summary of the Case

The debtors filed a Chapter 13 plan proposing to maintain direct payments to Whidby Island Bank paying for their 2006 Honda. They were current on their payments to the bank . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

Smith Daryl Trustee 2024
February 4, 2024
Daryl J. Smith, Esq., was appointed as the Chapter 13 Standing Trustee for the Western District of Louisiana on October 1, 2023. Smith’s office is in Shreveport, Louisiana.
Members
RHONDA HOLE 2016  COPYRIGHT
April 28, 2024
It is appropriate that the title of this article is based on the lyrics from Dire Straits’ biggest hit, since that is where many below-median debtors find themselves – in dire straits.
Members
June 14, 2020
By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo I. Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) Section 1325(a) sets forth the requirements for a court to confirm a chapter 13 bankruptcy plan. In respect to each secured claim provided for in a plan, 11 U.S.C. §1325(a)(5) provides the following three...
Members
enmark
October 22, 2023
This quick read has something for everyone. “The services are convenient for consumers and probably encourage impulse buying.” More from this author: Post-Confirmation Property & Income Changes
Members
March 22, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Click here for Part I Click here for Part II Part III - Description of Collateral Introduction The . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or Email Password Remember me...
Members
M Joseph Photo 2-1-22
November 5, 2023
“The focus of this article is to review some of the issues faced in cases with pending state court marital property division proceedings.”
Members
Academy Circle Logo Final
November 19, 2023
What do a license plate, a house in Gambia, anda drug runner’s house all have in common? This is a fun holiday week read – enjoy!
March 29, 2020
BULLETIN SMALL BUSINESS REORGANIZATION ACT POSTSCRIPT CARES Act Passed by Senate Increases Eligibility to Small Business Debtors with Aggregate Debts Up to $7,500,000 And Other Changes Early last Thursday morning, the Senate passed a substitute for H.R. 748, called the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”). The bill passed the House on Friday, and the President...
moran_cathy
November 13, 2022
Community property works differently in bankruptcy. I probably don’t have to tell you that. On the issue of assets and debts, community property is pretty straightforward. All of the community property comes into the estate upon the commencement of a bankruptcy case, even when only one spouse files. §541(a)(2). Every creditor with a right to be paid from the community...
Members
Academy Circle Logo Final
February 12, 2023
Previously the Emeritus Trustees (“ETC”) were asked to comment on “How to Manage Unprofessional and Discourteous Attorneys”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared, and negligent bankruptcy counsel. Chapter 13 Trustees are required to administer cases in accordance with the duties set forth in 11 U.S.C. Sec. 1302 and...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: