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

Angela M. Scolforo is the Standing Chapter 13 Trustee for the Western District of Virginia.  She was appointed in 2023, after serving as Herb Beskin’s Staff Attorney for 18 years.  She has spoken on seminar panels in Virginia and nationally and enjoys learning from and interacting with her peers.  Before the Fourth Circuit Court of Appeals she successfully briefed and argued Virginia v. Webb, 908 F.3d 941 (4th Cir. 2018)(denying the ability for creditors to garnish funds held by the trustee).  For 20 years she served as the Town Attorney for Gordonsville, Virginia.  The mother of seven children and fifteen grandchildren, she is called Mom, Miss Angela, Grams, and Grandma Chocolate.  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.  A past Chairman of the Bankruptcy Section of the Virginia State Bar, she served on the Bankruptcy Section Board from 2009 through 2016.

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