Post-Confirmation Property & Income Changes

By Neil Enmark, Staff Attorney for David P. Cusick, Chapter 13 Standing Trustee for the Eastern District of California (Sacramento, CA)

If you represent Chapter 13 Debtors, you will eventually have a case where the Debtor does not promptly tell you they received substantial property or additional income after the plan has been confirmed. When the Chapter 13 Trustee learns about this, they will try to increase the dividend to unsecured claims, and you will have to decide what to do. If you do nothing you risk a Trustee motion, or the Court acting sua sponte

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By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye Although our Nation’s bankruptcy laws are uniform, chapter 13 practice in our Nation’s bankruptcy courts varies to a significant extent in the different judicial districts. One example of this variation is the treatment of postpetition borrowing by a consumer debtor in chapter 13.i Neither the Bankruptcy Code nor...

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Henry E. Hildebrand, III

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The tenacity of a community and the resilience of generational family farmers equals a successful Chapter 12.

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it. Quicken...

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Post-Confirmation Property & Income Changes

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