When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate. (Somers) In re Taylor, 2021 WL 3118824 (Bankr. D. Kan. July 21, 2021)

Case Summary

Leora May Taylor filed a Chapter 13 bankruptcy in August of 2016. The plan provided for monthly payments of $175 that did not provide for any distribution to . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

September 26, 2021
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) "Equity is not an old man, with a long grey beard, sitting under a tree. Equity has rules."1 Introduction Section 105 When enacted in 1978, the Bankruptcy Code in section 105 included an "all writs" statute for the Bankruptcy Courts: The court may issue any order, process, or judgment that...
Members
June 16, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it. Quicken...
Members
October 3, 2021
By Jay Fleischman, Managing Attorney at Money Wise Law (Los Angeles, CA) When the world was forced to adjust to new routines in March 2020 due to the global pandemic, I was instantly struck by how little my professional life changed. I’d worked remotely for over a decade, and my systems and procedures didn’t change. Sadly, the same couldn’t be...
Members
January 5, 2020
By Honorable Cynthia Norton & Honorable Kevin R. Anderson Create a Master Slide Template: Create a custom slide template that you can use each time you produce a new PowerPoint presentation (in PowerPoint, click View and then Slide Master). This avoids "reinventing the wheel" each time. In creating your Master Slide, use complimentary and contrasting colors to maximize readability. I...
Members
DeCarlo01
October 16, 2022
The facts in In re DeWitt, 2022 WL 4588320 (Bankr. S.D. Ohio 2022), are a bit “unusual”. Debtor filed Chapter 13 to reinstate her mortgage. The mortgage was “non-escrowed” and Debtor was required to pay property taxes directly. Surprisingly, she did not pay her property taxes. The first time, the Lender paid the property taxes but decided not to pursue...
Members
Academy-emeritus-Logo-gold3
In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice. The following are some recommendations and ideas from the Emeritus Trustee Committee:
March 15, 2020
By Professor Nancy Rapoport, University of Nevada Dear Readers: The marvelous, indefatigable Regina Logsdon just forwarded me this hypothetical: Post-confirmation, debtor/client gets upset with attorney. Let’s assume for this scenario that the attorney hasn’t done anything wrong – perhaps just a difference of opinion on a plan modification (or not). Debtor/client says ugly things to attorney – name-calling, etc. THEN...
Members
July 21, 2019
By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 B. The Duty To Disclose Post-Petition Causes Of Action. 1. The Waldron Decision. The 11th Circuit Court of Appeals considered the issue of whether or not a post-petition cause of action is . . . It looks like you are not...
Members
gavel
September 8, 2024
Judges of the U.S. Court of Appeals for the 9th Circuit have appointed J. Barrett Marum as the next bankruptcy judge on the U.S. Bankruptcy Court for the Southern District of California.
Academy Circle Logo Final
August 25, 2024
Acting United States Trustee Gerard R. Vetter has selected Dawn Hardesty to replace retiring chapter 13 standing trustee Pamela Simmons-Beasley, effective October 1, 2024.

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: