Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

While the statute does not require an above-median income debtor to pay all claims in full faster than sixty months, it is not inappropriate for a bankruptcy court to condition confirmation of a plan to preclude the debtor’s discharge if the plan is later modified to reduce the dividend below 100%. (Gargotta) In re Crawford, 2016 WL 408924 (Bankr. W.D. Tex. July 22, 2016)

Case Summary

The Crawfords filed a Chapter 13 petition in December . . .

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