Duty to Update Trustee Regarding Changes Post-Plan Confirmation

Is there a duty to inform the trustee about changes post-plan confirmation?

Yes. There is an inherent duty for the consumer debtor to update the trustee on any and all material changes, particularly windfalls, post plan confirmation. In a very recent case, In Re Robinson, the United States Trustee moved to dismiss debtor’s chapter 13 case because the debtor received nearly $80,000 from an insurer after a fire on one of her properties. Instead of reporting receipt of the proceeds to the trustee, the debtor expended most of them toward . . .

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Daryl J. Smith

Senior Staff Attorney

Daryl J. Smith is the Chapter 13 Trustee in Western Louisiana, Shreveport. Smith, previously served as a senior staff attorney to the Chapter 13 case Trustee for Western Tennessee, Memphis, for almost a decade. Prior to practicing in the area bankruptcy law, Smith was an assistant district attorney for the State of Mississippi in which he tried 36 jury trials to verdict. He is a member of the National Association of Chapter 13 Trustees (NACTT) and the American Bankruptcy Institute (ABI). Smith has been a guest speaker and published author on various panels in bankruptcy and finance. Some of his awards include the National Conference of Bankruptcy Judges (NCBJ), Honorable Cornelius Blackshear Presidential Fellow. American Bankruptcy Institute’s ABI 40 under 40. Smith earned a Bachelor of Science in Political Science at Murray State, and later earned a Doctor of Jurisprudence at Mississippi College School of Law.

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The Academy

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By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA) The bankruptcy court in In re Ritter, 2021 WL 864092 (Bkrtcy C.D. Cal, 2021)(J. Tighe),denied debtors’ motion for an immediate discharge under Section 1328(i) ruling that Congress apparently did not intend that a chapter 13 debtor who obtains a loan modification should also receive a discharge, on that basis alone at...

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The Honorable John P. Gustafson

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I was the third attorney on this lien avoidance matter. Instead of it being “third time’s the charm”, it came close to being “three strikes and you’re out.” All because of FRBP 7041. This was the set up: debtor’s original counsel filed a number of lien avoidance actions, including the one against a landlord with a large default judgment. The...

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