By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN) Are chapter 13 serial filers abusing the bankruptcy system? Maybe or maybe not. There are many reasons debtors file multiple bankruptcy cases across the nation, including but not limited to parking tickets, court fines, utilities, lack of financial literacy, foreclosure, past due rent,...
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
Carroll v. Logan, 735 F.3d 147 (4th Cir. October 28, 2013) (Wynn). A post-petition inheritance received by a Chapter 13 debtor more than 180-days after the filing of the petition constitutes property of the estate and can be committed to fund a modified Chapter 13 plan.
Case Summary
In 2009, the Carrolls filed a Chapter 13 petition proposing five years of payments that would apparently not pay all unsecured claims in full. Three years after this filing, the debtors . . .
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