The CARES Act, Public Law 116-136 had amended several parts of the Bankruptcy Code, but included sunset provisions terminating March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, H.R.1651, passed by the House and Senate and signed by the President on March 27, 2021, extended some provisions for another year. Section 1113 of the CARES Act had amended...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Unless a Chapter 13 debtor has articulated a specific need to use a tax refund for a reasonable and necessary expense, post-petition tax refunds must be turned over to the Chapter 13 trustee to be distributed to creditors. (Drake) In re Stacks, 588 B.R. 263 (Bankr. N.D. Ga. August 15, 2018)
Case Summary
James Stacks was a below-median income debtor who filed Chapter 13 on January 1, 2018. He proposed a plan which called for payments . . .
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