By Cathy Moran, Esq. (Redwood City, CA) After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we'll be called on to guide clients forward, in one direction or another. Let's review the questions we'll need to answer in order...
Critical Case Comment: In re Munoz
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
In re Munoz, 459 B.R. 621 (Bankr. S.D. Tex., June 21, 2011) (Schmidt)
A creditor that asserted a secured claim in a Chapter 13 case which was subsequently dismissed is estopped from asserting that its claim was an executory contract in a subsequent Chapter 13 case.
Case Summary
The Debtors’ first Chapter 13 plan proposed to treat the claim of MHR as a secured claim. MHR filed a proof of claim as a secured creditor and the plan . . .
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