In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
In re Rogers, 494 B.R. 664 (Bankr. E.D. N.C., July 8, 2013) (Leonard). A mortgage obligation treated in a debtors’ plan as current and paid directly by the debtors is nonetheless discharged pursuant to 11 U.S.C. 1328(a) and the mortgage creditor cannot pursue the deficiency that might have accrued when the debtors subsequently defaulted on their payments.
Case Summary
The debtors filed their Chapter 13 petition in November of 2008. At that time, the . . .
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