From the Editor – Postpetition Debt

By The Honorable William Houston Brown (Retired)

Debtor not engaged in business nor self-employed were not required to obtain court’s permission to incur postpetition debt. The court found nothing in the Bankruptcy Code requiring a court’s authorization for a Chapter 13 debtor who is not engaged in business to incur postpetition debt or obtain credit. The Code only requires such authorization for debtors governed by § 1304. The debtors did not need court authorization to incur debt for the purchase of a vehicle to replace one destroyed in wreck. In re Fields

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