Section 1329(c), as it currently exists, forecloses the ability of Chapter 13 debtor to modify a confirmed plan to alter the plan payment amount while maintaining an extended plan, previously approved under the CARES Act. (Hanan) In re Nelson, 2022 WL 6795096 (Bankr. E.D. Wis. October 11, 2022) Case Summary Immediately after the onset of the COVID-19 pandemic, Congress sought...
From the Editor – Discharge Injunction
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Post-discharge collection attempts of domestic support obligation did not violate discharge injunction. The Bankruptcy Appellate Panel held that the Missouri Department of Child Support Enforcement could not have violated the discharge injunction in a Chapter 13 case, because the discharge specifically excepted § 523(a)(5) domestic support obligations. The bankruptcy court had found that the child support debt had been fully paid and that the Department was in contempt for its collection effort, but the majority of the Bankruptcy Appellate Panel held that “discharge injunction does not apply . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2
Critical Case Comment – If Objection, Arrears Gotta’ Be Equal Monthly Installments
From the Editor
Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy
Critical Case Comment–84 Months: Lifesaver or Anchor?
Objections to Claims: Two of These Creditors Are Not Like the Others [1]
The Kill Switch and The Stay
Critical Case Comment – Ignoring 3002.1 Will Cost You
From the Other Side
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part IV