NDC Small Sponsorship Program

A creditor having received relief from the automatic stay prior to confirmation of the debtor’s plan is nonetheless bound by the terms of the plan, once confirmed.

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Mullane v. Central Hanover Bank & Trust; US v. Whiting Pools; BFP v. Resolution Trust; and Nobleman

Even though the parties agree to apply refunds from a creditor overpayment to unsecured creditors, because the debtor completed payments under the plan, the plan cannot be modified, and the funds must be paid to the debtor.

Apparently, seventh time’s the harm. In this case, aggressive lawyering’ crosses the line.