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 . . .

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