Duty to Disclose Substantial and Unanticipated Changes in Debtor’s Financial Condition

In the case of In re Ilyev, 17-12987-KHK (Bankr. E.D. VA July 26, 2022), Judge Kenney granted the Chapter 13 Trustee’s motion to modify the plan to require the Debtor to repay some of the $29,250 of disposable income he retained by not making his mortgage payments during an 18-month Covid forbearance.

The Debtor never disclosed to the Trustee, or the Court, that he obtained a mortgage deferral for 18 months, until he filed a “Motion to Approve Proposed Covid-19 Payment Deferral” after not making his mortgage payments . . .

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Staff Attorney for Chapter 13 Standing Trustee Herbert L. Beskin (Charlottsville, VA)

Angela M. Scolforo is the Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia, where she has worked for 13 years. She has spoken on seminar panels in Virginia and nationally and enjoys learning from and interacting with her peers. Before becoming a Staff Attorney, she represented debtors in consumer bankruptcy cases and many other clients. She also serves as the Town Attorney for Gordonsville, Virginia. She is the mother of four children and six grandchildren. She graduated from the University of Virginia School of Law in 1998, and received a B.A. in English from the College of the Holy Cross in 1987. She is the past Chairman of the Bankruptcy Section of the Virginia State Bar on which she has served from 2009 through 2016.

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