By Henry E. Hildebrand, III, Standing Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
A Chapter 13 debtor may not “vest” property in a secured creditor without that creditor’s consent.
In re Weller, 2016 WL 164645 (Bankr. D. Mass. January 13, 2016) (Boroff)
Case Summary
The Wellers’ home was worth $139,000. Their home was subject to a mortgage held by Wells Fargo in the amount of $258,000. It was “underwater.” The debtors filed their Chapter 13 petition and moved out of the house.
The debtors’ original Chapter 13 plan . . .
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If a Chapter 13 plan makes no provision for a mortgage obligation, omits any treatment of the mortgage claims, and prohibits the Trustee from making disbursements toward the claims, the claims are not provided for by the plan and the plan can be confirmed over the objection of the creditor and the trustee; nothing requires a plan to provide for...
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By Henry E. Hildebrand, III, Standing Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
A Chapter 13 debtor may not “vest” property in a secured creditor without that creditor’s consent.
In re Weller, 2016 WL 164645 (Bankr. D. Mass. January 13, 2016) (Boroff)
Case Summary
The Wellers’ home was worth $139,000. Their home was subject to a mortgage held by Wells Fargo in the amount of $258,000. It was “underwater.” The debtors filed their Chapter 13 petition and moved out of the house.
The debtors’ original Chapter 13 plan . . .
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