In Re Carter: A Hard Case (Maybe) Making Bad Law?

Chapter 13 plans and confirmation orders will occasionally include post-confirmation disclosure and turnover requirements for tax returns and refunds and for other types of post-petition recoveries and income. Debtors are expected, on their own and without the need for rigorous trustee oversight, to fulfill the turnover requirements as a condition of plan completion and discharge.

What happens when the case reaches plan term end, the debtor has made all regular plan payments, but failed to fulfill the added turnover requirement? Easy answer, right? The debtor failed to satisfy all the terms and conditions of the . . .

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

Or Sign In Below:

__ head shot

Owen W. Katz, Esq.. is a staff attorney for the Office of the Chapter 13 Standing Trustee for the Western District of Pennsylvania. He received his undergraduate and law degrees from the University of Pittsburgh. Prior to joining the Chapter 13 Trustee staff, he worked for Bernstein and Bernstein, then a well know Bankrutpcy and Creditors’ Rights boutique, and as a sole practitioner concentrating in bankrutpcy and general commercial law. In his time in private practice, he has represented creditors and debtors in Chapters 7, 11 and 13, and trustees in Chapters 7 and 11. Among other matters, he has represented trustees in Chapter 5 avoidance litigation, as well as representing debtors in Chapter 11 and 13 business and consumer reorganizations.

Related Articles

October 24, 2021
By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) My guess is you initially saw the title of this article and promptly pressed right on past it. Who needs to learn how to properly address an envelope? You didn’t spend three years in law school plus all that money in student loans to address an envelope! But, If the purpose of...
Members
May 3, 2020
On April 30, 2020, Frank M. Pees will retire from his position as the Chapter 13 Standing Trustee (Worthington) for the Southern District of Ohio, Eastern Division. Mr. Pees has been a Trustee since his appointment in 1978. Throughout his career, he has been actively involved in the National Association of Chapter 13 Trustees, serving as President (in 1987), and...
Members
September 15, 2019
By The Honorable William Houston Brown (Retired) Manufactured home did not become accession to real property. The creditor holding security interest in a manufactured home objected to confirmation, on the basis that § 1322(b)(2)’s anti-modification provision prevented bifurcation of its claim into secured and unsecured parts. The Eighth Circuit noted that the Bankruptcy Code does not resolve the issue of...
Members
October 11, 2020
By Cathy Moran, Esq. (Redwood City, CA) Once again, I sat in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners. She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication,...
Members
moran_cathy
November 13, 2022
Community property works differently in bankruptcy. I probably don’t have to tell you that. On the issue of assets and debts, community property is pretty straightforward. All of the community property comes into the estate upon the commencement of a bankruptcy case, even when only one spouse files. §541(a)(2). Every creditor with a right to be paid from the community...
Members
June 16, 2019
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction – The Taggart Ruling Last year, the Ninth Circuit in In re Taggart1 ruled that an act in violation of the discharge injunction did not empower a court to find a creditor in contempt, if the creditor believed in good faith that the discharge injunction did not apply—even if...
Members
bride
November 20, 2022
What is the Student Debt Relief Plan? On August 24, 2022, President Joe Biden announced a three-part student debt relief plan to help borrowers transition back to regular payments as pandemic-related support expires. The plan includes loan forgiveness of up to $20,000 for Pell Grant recipients with loans held by the Department of Education and up to $10,000 in debt...
Members
August 4, 2019
By Jan Hamilton, Standing Chapter 13 Trustee (Topeka, KS) I just got back from RAGBRAI, which is a bicycle ride across Iowa. This year, it was 468 miles, with lots and lots of hills. (Biking Across Kansas was over 500 miles this year.) Such beautiful country. Estimates vary on actual number of riders, but anywhere from 16,000 to 20,000. Iowa...
March 17, 2019
By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) *Special thanks to Gretchen D. Holland for editing this article. Facts In Vieira v. Gaither (In re Gaither), Bankr. D. S.C., # 18-01317-dd, Adv. Pro. 18 80040-dd, Chapter 7 case; 11/30/18 opinion (Duncan); 2018 Bankr. LEXIS 3816, the Debtors’ son died in an aviation accident in...
Members
Copy of Hildebrand-2016
Bankruptcy courts lack jurisdiction to apply “innocent spouse” relief to determine the amount of a tax claim to be paid in a Chapter 13 case.  (Taddonio) In re Geary, 2023 WL 2996720 (Bankr. W.D. Pa. April 19, 2023) Case Summary When a taxpayer signs a joint tax return with their spouse, the Internal Revenue Code is very clear.  Both signatories...
Members