By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 8. Early Preparation for Trial As suggested, the best way to settle a case is to be willing to try that case, which means you must prepare from the get go. That preparation begins a long time before the eve of trial, namely, at the...
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By Wm. Houston Brown, United States Bankruptcy Judge (Retired)
Discharge - Direct mortgage payments unpaid by debtor were not “provided for” in plan. The confirmed plan stated that the debtor would directly pay two home mortgages to the credit union, but there was no specification of payment terms or other treatment of those mortgages. At the time of confirmation, the debtor was current on the two debts, but she subsequently defaulted, leading to foreclosure of the second mortgage and the credit union’s proceeding to determine that the debtor’s personal liability had not been discharged. Discharge . . .
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