A Look at Chapter 13 Exit Strategy – When the Debtor Cannot Survive a Motion to Dismiss for Non-payment

By Hon. Rebecca B. Connelly with Attorney Edward Boltz and Chapter 13 Trustee Kathy Dockery

Life happens. Many chapter 13 debtors incur a job loss or other adversity during their case that simply cannot be remedied. Recently, at the annual meeting of the National Conference of Bankruptcy Judges, I along with debtor attorney Edward Boltz and Chapter 13 Trustee Kathy Dockery, examined whether a chapter 13 debtor who cannot defend a motion to dismiss for non-payment or modify his plan to enable completion, may otherwise strategically exit chapter 13. Our conclusion: yes. Chapter 13 debtors have many . . .

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