By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN (Nashville) Where a Chapter 13 plan provides that a mortgage payment will be paid “outside the plan,” the plan does not “provide for” the mortgage payment and, accordingly, the discharge under § 1328 is not applicable to the mortgage obligation. Dukes v. Suncoast Credit Union, 909...
From the Editor – Property of Estate and Exemptions
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By The Honorable William Houston Brown (Retired)
Brokerage account held in tenancy by entirety. Discussing the required elements for tenancy by entirety, Missouri law established a presumption that a brokerage account was held in tenancy by entirety, and the trustee did not rebut that presumption. In re Haines, 528 B.R. 912 (Bankr. W.D. Mo. 2015).
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The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge for the Western District of Tennessee, and he had been designated to sit also in the Middle District of Tennessee, Southern District . . .
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