By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) "Equity is not an old man, with a long grey beard, sitting under a tree. Equity has rules."1 Introduction Section 105 When enacted in 1978, the Bankruptcy Code in section 105 included an "all writs" statute for the Bankruptcy Courts: The court may issue any order, process, or judgment that...
From the Editor – Modification of Plan
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Plan may not be modified to surrender. The debtors moved to modify their plan and receive discharge, proposing to surrender their residential property; however, more than 60 months had expired since the confirmed plan took effect, and the plan provided for curing and maintaining the mortgage. The trustee objected to the motion because the debtors had not made all of their required direct maintenance payments to the mortgage lender. The court noted that the word “surrender” does not appear in § 1329(a), and there is a split of authority . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542
Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 3 of 5
Obtaining Credit in Chapter 13 – Did the Amendment to FRBP 4001(c) Eliminate Motions to Incur Additional Credit?
Chapter 13 Trustee Duties, Powers, And Limitations – Part 3
Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020
Critical Case Comment–“No Realistic Future Prospects”
In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).
Progeny of Law v. Siegel: Sixth and Ninth Circuits Say Right to Dismiss Chapter 13 Case is Absolute, Not Qualified by Section 105
May the Chapter 13 Trustee Keep Fees Paid Before Dismissal?
Is This Corporation Really Separate from Its Owners: A Checklist