From the Editor’s Desk – Plan Confirmation

By The Honorable William Houston Brown (Retired)

Best interests test included debtor’s contingent interest in per capita tribal payments. One debtor was a member of the Prairie Band Potawatomi Nation Indian Tribe, entitled to a contingent interest in per capita payments due tribal members from gaming revenues, and that contingent interest was property of the Chapter 13 estate. The interest was not subject to exemption under applicable Kansas law, and the debtors failed to satisfy the best interests of creditors test for confirmation. In re McDonald, 519 B.R. 324 (Bankr. D. Kan . . .

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