When Chapter 13 Debtors Receive Windfalls – Part 3 of 3

By Mark C. Leffler, 1 Boleman Law Firm, P.C., Richmond, Hampton, and Va. Beach, Virginia

click here for Part I, click here for Part II

THE CIRCUIT SPLIT: RES JUDICATA EFFECT OF PLAN CONFIRMATION

Assuming the post-petition windfall income is viewed as additional property, courts must also confront the mechanical issues of modifying confirmed plans under §§1327 and 1329 in order to add it to the already established plan funding. Section 1327 . . .

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