Failing to File a Claim Has Dire Consequences for a Secured Creditor
A secured lender who doesn’t file a claim doesn’t get paid by the chapter 13 plan and keeps its lien, but can’t reclaim the collateral during the life of the plan.
%1
Bankruptcy Code
Bankruptcy Code
Are Chapter 13 Creditors Entitled to Proceeds from a Post-Confirmation Tort Claim?
The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.
Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13
Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.
Bankruptcy Code
Bankruptcy Code
Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order
Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.