By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Chapter 13 debtor cannot submit missed payments to the trustee after the 60-month term of the plan has ended in an effort to cure defaults in the plan. (Bacharach) Kinney v. HSBC Bank USA, N.A., 5 F.4th 1136 (10th Cir. July 23, 2021) Case Summary Margaret Kinney filed a...
When Things Don’t Go According to the Plan
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The ACP: Applicable or Immutable?
By Mark C. Leffler1
click here for part 2, click here for part 3
As the saying goes, the one constant is change. Certainly, that is true in a Chapter 13 practice. An integral, everyday part of life for debtors’ attorneys and trustees alike is plan modification by debtors whose financial circumstances have changed. In re Runnels, 530 B.R. 626 (Bankr.W.D.N.C. 2015), presents a fairly normal circumstance . . .
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