By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Despite a split in authority, funds held by a Chapter 13 Trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor. In re Doll, 17-20831-MER (Bankr. D.Colo. Feb. 19,...
From the Editor – Modification
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By The Honorable William Houston Brown (Retired)
Decision certified to Fifth Circuit on whether above-median debtor may receive discharge prior to completion of 60-month plan. With no controlling decision from Fifth Circuit, the bankruptcy court approved the confirmed debtors’ ability to obtain discharge without paying unsecured creditors 100%, when they had made a lump sum payment that, combined with regular payments, exceeded the plan base. Trustee had moved to modify the plan to increase the plan base and appealed denial of that motion, citing four circuits’ opinions that above-median debtors are bound by . . .
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