Critical Case Comment

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 . . .

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