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ABI Journal

Consumer Bankruptcy

Friday, February 18, 2022
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District Court Says Chapter 13 Trustee Is Paid Even if Dismissal Precedes Confirmation

District judge in Idaho finds no ambiguity in a statute that doesn’t explicitly say whether a chapter 13 trustee is paid if the case is dismissed before confirmation.

Attachment

Chapter 13 Can Shield Preferences from Recovery

So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences.

Chapter 13 Plan that Cures Arrears Pays Interest on Unpaid Principal, Judge Faris Says

Interest, if any, due on arrears cured under a plan derives from the loan documents and state law.

Costs of a Disciplinary Proceeding Again Held Nondischargeable Under Section 523(a)(7)

Seventh Circuit says that costs incurred by disciplinary authorities are not in compensation for ‘actual pecuniary loss.’