By Cathy Moran, Esq. (Redwood City, CA) After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we'll be called on to guide clients forward, in one direction or another. Let's review the questions we'll need to answer in order...
From the Editor – Dismissal
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By The Honorable William Houston Brown (Retired)
Undistributed funds returned to debtor upon dismissal. Under § 1327(b)’s vesting requirement, unless a confirmed plan provides otherwise, any undistributed funds held by the trustee at dismissal of the case must be returned to the debtor. Although not necessary to rely on § 347(b)(3), the conclusion on effect of vesting at confirmation was consistent with that section and case law interpreting it. In re Hernandez, _________B.R._________, 2020 WL 773475 (Bankr. D. Conn. Jan. 17, 2020). See also In re Evans, _________B.R._________, 2020 WL . . .
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