Critical Case Comment

By Henry E. Hildebrand III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

As long as Chapter 13 debtors are properly allocating tax refunds, earned income credit payments and irregular expenses properly, they cannot be compelled to turn over their tax refunds to confirm their Chapter 13 plan. In re Blake, 565 B.R. 871 (Bankr. N.D. Ill. March 16, 2017) (Thorne)

Case Summary

In three consolidated cases, Judge Thorne took the opportunity to address an issue commonly faced by debtors and trustees across the country. Specifically, whether a Chapter 13 debtor . . .

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