A. Introduction When should we regard dismissal or conversion of a chapter 13 as an unsuccessful bankruptcy? The arguments are familiar.Chapter 13 is the easiest, quickest, and cheapest way to stop foreclosures, repossessions, and garnishments by creditors.Desperate debtors can file a chapter 13 case without schedules, statements, or a plan and buy themselves a stay for a short period. And...
Critical Case Comment
Print This Article
Link to Post:
By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN (Nashville)
Where a Chapter 13 plan provides that a mortgage payment will be paid “outside the plan,” the plan does not “provide for” the mortgage payment and, accordingly, the discharge under § 1328 is not applicable to the mortgage obligation. Dukes v. Suncoast Credit Union, 909 F.3d 1306 (11th Cir. December 6, 2018) (Carnes)
Case Summary
Mildred Dukes filed a Chapter 13 bankruptcy in 2009 and proposed a plan that would deal with two outstanding mortgages with Suncoast Credit Union. The only . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Critical Case Comment – The Now Infamous Castleman Case
A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee
Evictions in Ohio, Kentucky, Michigan and Tennessee May Go Forward? Sixth Circuit Says CDC’s Eviction Moratorium Exceeded Its Authority
Think Beyond the Means Test
Measuring Success in Chapter 13: Successful Dismissals and Conversions
From the Editor – Avoidance
Representing Elderly Clients in Bankruptcy – Part 3 of 3
Turnover by Motion? How About Under Rule 6008?
Critical Case Comment– Secured Creditor Granted Relief from Stay. But, Wait There’s More . . . No Proof of Claim.
How My Law Firm Learned to Stop Leaving Money on the Table Part 2 – The “Other Appropriate Relief” of Rule 3001