Critical Case Comment

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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