Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we, as a society, squander the chance to use Chapter 13 to teach new budgeting...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
There is no requirement to show a change in circumstance in order to modify a Chapter 13 plan pursuant to § 1329. Whaley v. Guillen (In re Guillen), 2020 WL 5015287 (11th Cir. Aug. 25, 2020) (Marcus)
Case Summary
Rachel Guillen filed a Chapter 13 petition in August of 2015. She disclosed two secured creditors: Central Mortgage Company holding a first mortgage and Wells Fargo, allegedly, holding a secured priority mortgage on the debtor’s home. Guillen, however, disputed the validity of the lien that Wells Fargo . . .
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