Passing of Our Friend

For below-median income debtors, plan extensions beyond 36 months are meant to be voluntary and flexible—not coerced by courts, trustees, or creditors. While ‘cause’ can justify a longer plan, it must be determined case-by-case.

Carefully following In re Nolan and In re Adkins, a debtor may modify a confirmed Chapter 13 plan to surrender a car so long as the full secured claim is paid although with a modified interest and paid without a regular monthly payment.

Saldana v. Bronitsky – The facts.

Everyone needs to read this . . . ‘they’ are getting pertinent information from Voluntary Petitions.

These cases are of specific interest to creditors but debtor attorneys and trustees also should be aware. Chapter 7 debtor bears the burden of proof of demonstrating eligibility in order to convert to Chapter 13; such proof requires them to demonstrate that they have regular income adequate to fund a Chapter 13 plan. AND . . . Chapter 13 plan fails to satisfy the eligibility requirements if it depends upon gifts or loans to be feasible.