Skip to main content

In re Trombetta

In re Trombetta

Ruling
Plan could be modified post-lien avoidance to allow benefit to priority unsecured creditors.
Procedural posture

Following the avoidance of a lien on the debtor's motor vehicle, the debtor proposed a modification to the plan. The chapter 13 trustee objected to the plan modification, asserting that the value received from avoidance must be directed to the exclusive benefit of the general unsecured creditors. The debtor countered that the priority unsecured claims must be paid in full before the general unsecured creditors.

ABI Membership is required to access the full summary of In re Trombetta Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 04, 2008 , LexisNexis #0208-103