In the case of In re Ilyev, 17-12987-KHK (Bankr. E.D. VA July 26, 2022), Judge Kenney granted the Chapter 13 Trustee’s motion to modify the plan to require the Debtor to repay some of the $29,250 of disposable income he retained by not making his mortgage payments during an 18-month Covid forbearance. The Debtor never disclosed to the Trustee, or...
What Is ‘Under the Plan’ Anyway?
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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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