By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019) Case Summary Ronald Kane filed...
From the Editor – Surrender and Vesting
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Plan provision to vest property in mortgagee was incompatible with surrender. The district court held that “vesting” was not synonymous with “surrender.” “Surrender” means making the property available to the creditor and “vesting” relates to transfer of title. Under the options of § 1325(a)(5), if the creditor does not accept the plan’s proposal, the debtor’s options are to surrender the collateral or pay present value. To combine § 1322(b)(9)’s vesting provision with surrender would create a fourth option to debtors that is not available . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Ask Ms. Ps & Qs
Critical Case Comment–Who is Responsible to Address Eligibility Questions?
Critical Case Comment
From the Editor – Discharge Injunction
From the Editor
Memorial Day 2023
Report of the American Bankruptcy Institute’s Commission on Consumer Bankruptcy
Critical Case Comment
An Argument in Favor of the Mid-Case Audit: B.R. 3002.1 Proposed Changes
Avoidance Powers in Chapter 13 – Part 5 of 6