A New Jersey attorney is the subject of a legal malpractice complaint for allegedly failing to properly preserve a marital tort claim as an exception to discharge. Asma J. Warsi v. Adrian J. Johnson (Case No. MID-L-001023-22, Super. Ct. of N.J., Middlesex County); In re Chaundry, 569 B.R. 372 (Bankr. D. N.J. 2017). In Chaundry, Creditor Wife had a marital...
From the Editor – Plan Modification
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By The Honorable William Houston Brown (Retired)
For modification purposes, best interests test remains at petition date. In an examination of post-confirmation sale of the debtor’s home that yielded excess of homestead exemption, the Court concluded that the best-interests of creditors’ calculation was performed as of the petition date, rather than time of modification. Section 1329 does not provide a measuring date, and the Court examined three views of the applicable time, agreeing with the majority view that the petition date was appropriate. The Court next examined the five . . .
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