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

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Taxes, Offset, and Mutuality

October 13, 2019

By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy lawyers are accustomed to evaluating the dischargeability of taxes when deciding when to file a client's bankruptcy case. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the “when do we file” analysis. In the simplest situation, the client owes...

Members

How to Avoid Bankruptcy Blunders

Cathy Moran

March 1, 2026

“If word of mouth from happy clients is the world’s best advertising for a bankruptcy lawyer, loud complaints from unhappy clients in the internet age are professional poison.”

Members

Meet Another New’ish Trustee

The Academy

September 1, 2024

Gregory D. Stefan was appointed as a Chapter 13 Standing Trustee for the Eastern District of Virginia effective May 1, 2023. He follows in the footsteps of Michael P. Cotter upon his retirement.

Members

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two

September 22, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) I. The Plan1 A. Notions to Consider before the Plan is Filed… Time for Filing of the Plan. No later than 90 days after the filing of the case, the debtor is required to file a plan, unless the court extends the time if the “need is attributable to circumstances for...

Members

Judge Sworn In

The Academy

November 9, 2025

The Honorable Luis E. Rivera II was sworn in Oct. 2nd as the newest bankruptcy judge for the Middle District of Florida. Judge Rivera's duty station is in Tampa. He will also preside in the Court's Fort Myers Division.

Tax Projections and the Means Test – Parts I and II

Cathy Moran

December 17, 2023

Part I discusses projecting income tax deductions on the means test when the year of filing situation looks much like last year. Part II looks at things when they aren’t the same year over year.

Members

Under the Radar: Evidence of Prohibited Vehicle-Title Loans Made in 23 States – A Study

Edward C. Boltz

February 9, 2025

Ed provides a synopsis and compelling commentary on this study by the Center for Responsible Lending, which may be of particular interest to trustees.