By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Chapter 13 debtor cannot submit missed payments to the trustee after the 60-month term of the plan has ended in an effort to cure defaults in the plan. (Bacharach) Kinney v. HSBC Bank USA, N.A., 5 F.4th 1136 (10th Cir. July 23, 2021) Case Summary Margaret Kinney filed a...
Undisclosed Assets, Voluntary Dismissal, And Section 349 – Oh, What A Tangled Web We Weave
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By: Academy Staff
What happens when a Chapter 13 Debtor does not disclose property of the estate, the Trustee later discovers the property and seeks to administer the property for the benefit of creditors, and the Debtor voluntarily dismisses the case to prevent the Trustee from doing so? The Honorable Phillip J. Shefferly had to untangle that Gordian knot in In re Haddad, 2017 WL 3894984 (Bankr. E.D. Mi. 2017).
The facts in the case were neither complicated nor contested. Debtor, Elin Haddad, filed a petition under Chapter 13 in December, 2012. A few months . . .
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