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 . . .

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Staff Attorney

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.

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