1327 | ABI

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.

Court :

11th Circuit

Florida

Florida Southern District

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.

Court :

8th Circuit

Missouri

Missouri Western District

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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.

Court :

11th Circuit