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 smith
Senior Staff Attorney

Daryl J. Smith is a Memphis native, who focuses his practice in the area of bankruptcy law as a senior staff attorney for Sylvia Ford Brown – Chapter 13 Trustee Western District of Tennessee, (Memphis).  Prior to becoming a Chapter 13 staff attorney, Mr. Smith resided and practiced law in the State of Mississippi.  He served as an assistant district attorney in Hinds, Holmes, Humphreys and Yazoo counties in the State of Mississippi. He prosecuted and tried more than three dozen criminal cases from malicious mischief cases to capital murder cases.  Mr. Smith is a member of the Memphis Bar Association and is admitted to the bars of Tennessee and Mississippi. Additionally, he is admitted to the federal court for the Western District of Tennessee.

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