From the Editor – Confirmation

By The Honorable William Houston Brown (Retired)

Equal monthly payments and attorney fees. The secured creditor objected to confirmation on basis that the plan improperly deferred its payments until debtor’s attorney fees were paid, and the District Court affirmed confirmation that delayed start of secured equal monthly payments for 21 months. The opinion examines three approaches to the issue: 1) Equal monthly payments must be “level once they begin” but that doesn’t require payments to be equal throughout life of plan or to begin at confirmation. See, e.g., In re DeSardi

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