Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
Court:
Benchnotes March 2024
Journal Issue:
Denial of Modification of a Chapter 11 Plan Is Final and Appealable
Baltimore district judge applies the Fourth Circuit’s ‘substantial and unanticipated’ test to modifications of chapter 11 plans.
Court:
Debtor May Amend a ‘13’ Plan to Modify the Treatment of a Secured Creditor’s Claim
Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.
Scheduling a Home with a Low Value Didn’t Protect a ‘13’ Debtor When It Was Sold
In the Fourth Circuit, creditors are compensated when there is a ‘substantial improvement’ in a chapter 13 debtor’s financial condition.