In re Rogers and the Discharge of In Personam Liability on Long Term Debts: Why the Conventional Wisdom is Right

By Kenneth Siomos, Attorney Representing Chapter 13 Trustee John H. Germeraad, Petersburg, IL

The conventional wisdom in Chapter 13 is that the personal liability for secured long term debts is not extinguished by the Chapter 13 discharge, assuming that the debtor chooses to keep the property and does not pay the full value of the claim during the term of the Chapter 13 plan. After all, the section on discharge provides that debts provided for under Section 1322(b)(5) are excepted.1 And Section 1322(b)(5) is where debtors generally go to . . .

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In re Rogers and the Discharge of In Personam Liability on Long Term Debts: Why the Conventional Wisdom is Right

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