Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.
June 2019
Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.
Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.