By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Bankruptcy Rule 2002(a)(5) directs that 21 days’ notice must be given of the “time fixed to accept or reject a proposed modification of a [Chapter 13] plan.” But to whom must notice be given? Specifically, which creditors need to be given notice? This...
From the Editor – Property of Estate and Exemptions
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By The Honorable William Houston Brown (Retired)
Social Security Act protects benefits. Rejecting the Chapter 7 trustee’s argument that Social Security benefits could be reached on equitable grounds when the debtor did not have present need for the benefits that had been paid and were held in bank account, the court applied Law v. Siegel to hold that it lacked such equitable authority. Moreover, “§ 407(a) [of the Social Security Act] implements a three-pronged protective regime for social security benefits, both paid and payable,” including protecting those benefits from the operation of . . .
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