By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Dao,1 Bankruptcy Judge Christopher Klein on May 11 ruled on an issue on which the circuits are split and certiorari is pending.2 Judge Klein agreed with the majority view that, under paragraph 362(c)(3) of the Bankruptcy Code, the automatic stay terminated 30 days after the order...
From the Editor – Dismissal
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By The Honorable William Houston Brown (Retired)
Debtor’s failure to make direct payments to mortgage creditor was material default. Over a period of thirty months, the debtor failed to make direct mortgage payments, as provided in the confirmed plan, and this failure was a material default of the plan and cause for dismissal of the case. The default was not discovered by the trustee until the 58th month of the plan, and the trustee had standing to move for dismissal. Payments “outside the plan” were still within the plan’s terms for default purposes.
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