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 the Federal Rules of Bankruptcy Procedure provide clear guidance about whether a consumer debtor must obtain court or trustee approval before incurring postpetition debt. The Code and the Rules are also silent . . .
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