ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
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
Assessing the Ailing Business Post Pandemic
If You’re Gonna Bet the Farm, Maybe Play Against the House
Sua Sponte Sanctions Held to Higher Standard
Saldana v. Bronitsky – POV Counter Point
Pump the Brakes: Bad Faith Debtors Are Not Gaming the System (Part II)
Clock Starts When the Order is Entered
Under the Radar: Evidence of Prohibited Vehicle-Title Loans Made in 23 States – A Study
Employment Law Alphabet Soup
Meet a Brand-New Trustee
Critical Case Comment – Topping Off the Risk Factor