Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN

In re Heinzle, 2014 WL 244226 (Bankr. W.D. Tex. May 30, 2014)

Where debtors have made all payments to the Trustee as required by their plan but failed to maintain “conduit” payments to the mortgage creditor, the debtors did not make all payments under their plan and their case should be dismissed. (Gargotta)

Case Summary

The Heinzles filed their Chapter 13 bankruptcy in October of 2008 proposing a plan in which they would make payments to the Trustee for the purpose of curing . . .

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