By William H. Brown, Adviser to The Academy d/b/a ConsiderChapter13.org In the most recent opinion on the issue, as of this writing, the Court in In re Rivera, 2019 WL 1430273 (Bankr. D. Ariz. Mar. 28, 2019), in perhaps still a minority view, concluded that debtors’ default in making all direct postpetition mortgage payments was not a failure to complete...
Critical Case Comment
Print This Article
Link to Post:
By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah
In re Cannella, No. 14-21398, 2015 WL 1208679 (Bankr. D. Kan., Aug. 12, 2014) (Berger). In performing the hypothetical liquidation analysis of 11 U.S.C. § 1325(a)(4), Chapter 13 attorney’s fees are deducted as a priority claim before estimating the return to non-priority unsecured creditors.
Factual Summary
On the petition date, the Debtors held $3,010 in cash, but their plan proposed a $0.00 return to unsecured creditors. The Trustee objected to confirmation under the best-interests-of . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Members of the Armed Forces Are Entitled to Certain Tax Benefits
For Whom Does the Bell Toll?
Critical Case Comment
Tax Deductions Hidden in Chapter 13
Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions Part IV
Critical Case Comment – Pre-Confirmation Payments
Escrow 102 – Part 4 of 4
Are Direct Payments by Debtor on Mortgage Considered Payments “Under the Plan” for Purposes of Discharge?
A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee
Critical Case Comment – How Much Is It Worth – Then/Now?