What Is ‘Under the Plan’ Anyway?

By Maggie Reidy, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)

In In re Gonzales, No. 11-10778, 2017 WL 2189562 (Bankr. S.D. Tex. May 17, 2017), the Court considered whether the debtors were eligible for a Chapter 13 discharge despite their failure to remain current on their postpetition mortgage payments. The main issues the Court examined were: (1) whether direct payments to a mortgagee constitute payments under the plan; and (2) whether the debtors’ plan was complete upon the filing of a Notice of Plan Completion by the Chapter . . .

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Claim allowed after reopening of no-asset case. The Chapter 7 case filed as no-asset was reopened after discovery of assets for distribution, and debtors objected to a claim on basis of statute of limitations. Affirming, the Bankruptcy Appellate Panel held that the time to commence action on the claim had been tolled under...

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From the Editor – Claims

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