- 11 U.S.C.
Colon v. Santander Fin. Servs. Corp. (In re Colon)
Jan
16
2013
Ruling
Trustee's postconfirmation request to include settlement proceeds in plan had to be filed as motion in lead case.
Procedural posture
The chapter 13 Trustee moved for entry of an Order directing (plaintiffs) debtors to pay into the Plan settlement funds, alleging that the monies which debtors would receive from a settlement were property of the estate pursuant to 11 U.S.C.S. § 1306 and thus, the same had to be paid into the plan as disposable income under 11 U.S.C.S. § 1325(b). Debtors filed an Opposition. Defendants were a creditor, two individuals and an insurance company.
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Court
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